Last Updated On: December 22, 2022

Do I Have To Go To Court for an Uncontested Divorce?

New York State offers two kinds of divorce: uncontested and contested. In the case where a couple disagrees on any aspect of the divorce, it is called a contested divorce. There are many key issues that could be up for debate in a contested divorce. After a trial, the Court will make the final determination in a contested divorcement. You must be present in court if your divorce case is litigated.

An Uncontested Divorce is exactly what it sounds like. Both parties are able to agree to the terms of the divorce. They also agree on how they will divide their assets and agree on issues such as visitation and child custody. If you and your spouse agree on getting a divorce, it’s important to consult with a divorce lawyer.

Uncontested divorce refers to a divorce in which couples are able to agree on the terms of key divorce issues such as child custody, child support, and division of property. These issues are already settled, therefore, no court proceedings are necessary. The judge may sign off on these terms and issue the final divorce decree. The court can also declare the divorce final if one party fails to appear at the hearing.

It is highly unlikely that the couple will be asked to appear before the court in an uncontested divorce. However, if you and your spouse are unable to settle on any of the terms in the agreement, divorce will now be considered contested. The case will be taken to court in the case of a contested divorce.

The Law Office of Ryan Besinque has helped many families and individuals throughout New York City. Uncontested divorce lawyer Ryan Besinque and our team of divorce attorneys can help you if you have concerns regarding an uncontested divorce case. Call us today to schedule a consultation. 

The Process for Uncontested Divorce in New York

With the help of a divorce attorney, once you and your spouse have reached a satisfactory settlement or agreement, you can proceed with an uncontested divorce. Your attorney will file your paperwork with the County Clerk’s office.  This paperwork may include the settlement agreement as well as plans for continued healthcare coverage. All paperwork must include an index number (purchased from the county clerk’s office).

The next step after the divorce is filed is to serve the spouse in writing, this will also be arranged by your attorney.  Assuming that the divorce is uncontested, the papers should be served without any problems. However, the basic steps must be followed. This includes the formal delivery of divorce papers. The service must take place within 120 days from the date the divorce paperwork was filed with the court. Additionally, an independent party must sign an affidavit attesting that service was performed in compliance with New York law.

After receiving the paperwork, the spouse will sign an acknowledgment of consent to divorce. This is the case in an uncontested divorce. You have the option of your spouse contesting the divorce or not answering. Failure to respond within 20 days will result in the divorce proceeding moving forward.

Once the divorce proceeds, the date is added to the judge’s calendar. This requires a lot of paperwork, which must be submitted and notarized. Having a skilled uncontested divorce attorney to assist you is important even if the divorce is uncontested.

In an uncontested divorce, the only matter that the judge will decide is the fairness of the final agreement. The judge will also have to make sure that the divorce is really an uncontested divorce and was not done with coercion.  After the judgment has been rendered, all paperwork must be signed. Your lawyer will file the Judgement of Divorce with your County Clerk. The final divorce order must be served to the other spouse by the party who initiated the divorce process

Waiting Period for Uncontested Divorce in New York

New York, unlike other States, does not have a minimum waiting period after the initial paperwork is filed. Once your spouse filed the defendant’s affidavit, the waiting period for allowing them to respond, which is usually 20-30 days, is waived. The time that is usually given for a spouse to respond to the service on time is also waived. 

uncontested divorce lawyer in New York City

However, even if the other party has consented to the divorce case being placed on the court’s uncontested divorce calendar “immediately”, that doesn’t necessarily mean you will get your final divorce right away. The average time it takes to get an uncontested divorce in New York is six to twelve weeks. This amount of time is usually dependent on two factors: the time it takes for you to submit the requirements, and how busy the county court is. 

When dealing with an uncontested divorce, it is still important to consult an experienced divorce lawyer. Many people think that they do not need to have a lawyer because an uncontested divorce is simple. However, having a skilled lawyer may be able to help you avoid costly mistakes.

Getting Experienced Legal Guidance From a Skilled Uncontested Divorce Lawyer

Navigating a divorce is never easy. It is often difficult and emotionally draining. However, hiring an experienced attorney to represent you may help ensure that your financial and emotional well-being and the well-being of your loved ones are protected.

Our skilled New York uncontested divorce attorneys at the Law Office of Ryan Besinque have helped hundreds of people just like you. Our goal is to make sure you are heard and protected. We will work hard for your best possible outcome. To schedule a consultation, contact us online or by calling (929) 251-4477.

Was it useful?
Share with your friends
Read More useful posts
Call Now Button