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Photo of Darren D. Bleier, Esq. And Anne Peyton Bryant, Esq

The Reality Of Uncontested Divorces

The New York State Unified Court System allows people who are looking to start a divorce action to file the paperwork with the court without an attorney involved. This is a route to be taken with great caution because the paperwork is often rejected for reasons that are confusing to nonmatrimonial attorneys. Even attorneys who practice other areas of law often find the uncontested divorce procedures to be complex.

Divorce actions are considered uncontested until the parties make their first court appearance.

In cases where:

  • There is little or no property subject to equitable distribution, or the parties are already in agreement as to the division of property; and
  • The parties agree on issues pertaining to custody, child support or visitation; and
  • There is a desire to settle the divorce out of court;

An uncontested divorce can be the appropriate route in which to divorce.

Bryant & Bleier, LLP, is an able and efficient divorce resource for drafting your settlement agreement and filing your uncontested divorce in all five boroughs, Westchester and Long Island.

When Attorney Involvement Is Beneficial

If you have parenting or economic issues to work out with your spouse, and there is no domestic violence or abuse, you may want to consider the limited involvement of attorneys for the purpose of mediation or collaborative law. There are a variety of ways in which limited attorney involvement can improve the communication between you and your spouse, particularly if there are children involved.

Attorney involvement in an uncontested divorce will likely reduce the cost, stress and trauma of divorce on the entire family unit. Given the fact that mistakes in filing uncontested divorces can not only be costly in court fees but also delay a divorce for three to six months or more, it makes sense to retain a family law attorney for your uncontested divorce.

Answering Your Initial Questions About Uncontested Divorce

To help you understand your options and make informed decisions, we have put together answers to the questions our clients ask most often about uncontested divorce in New York.

What are the steps and documentation required to file for an uncontested divorce in New York?

The uncontested divorce process in New York involves several important steps and specific documents. The following guide outlines what you need to do:

  • Meeting eligibility requirements: Either you or your spouse must have lived in New York for at least two years. You also must have a legally acceptable reason for the divorce, such as the “irretrievable breakdown” of your marriage.
  • Filing initial court papers: You will prepare and submit your “Summons With Notice” or “Summons and Complaint” to your county clerk’s office.
  • Serving your spouse with divorce papers: You have 120 days from filing to legally deliver the papers to your spouse. Someone other than you must hand-deliver the documents, and proof of this service must be filed with the court.
  • Awaiting response: Your spouse has two main options: sign an “affidavit of defendant,” agreeing to the divorce, or file an “answer,” contesting the dissolution of your marriage. If your spouse fails to respond at all, they may default, potentially allowing the divorce to continue as uncontested.
  • Receiving your final judgment: The judge reviews your case and, if everything meets legal requirements, signs the Judgment of Divorce.

Many people find their divorce delayed because of paperwork errors or missed deadlines. At Bryant & Bleier, LLP, we guide clients through each step of this complex process every day.

In an uncontested divorce, how can couples fairly divide assets and manage joint financial accounts?

New York divides property through “equitable distribution,” which means a fair split based on each spouse’s specific situation. To do this, courts consider various factors, such as the length of the marriage, what each person owns and earns, and future financial needs. In an uncontested divorce, you and your spouse can create your own division plan instead of having a judge decide for you. Many couples use mediation or collaborative approaches to work out these agreements, which often saves money and reduces stress compared to fighting in court.

How can modifications to child custody, support or alimony be handled after an uncontested divorce has been finalized?

The law allows the modification of divorce agreements to accommodate life’s unexpected changes. However, you must show the court that there has been a “substantial change” in your family’s circumstances since the finalization of your divorce. This could mean a significant job loss, a major change in income, one parent needing to move or a child’s needs changing as they grow older. Ideally, you and your former spouse can agree on the necessary changes and submit a new agreement to the court for approval. If you cannot agree, you will need to file a petition with the court asking a judge to make a new order.

Find Out More Today

We are dedicated to helping you and your family. To find out more about how Bryant & Bleier, LLP, can assist you with an uncontested divorce, call us today at 646-561-9227 or contact us online to schedule a consultation.