How Long Does an Uncontested Divorce Take in New York?

Going through a divorce can be a challenging and emotionally draining process. However, an uncontested divorce in New York can provide a more straightforward and less time-consuming resolution for couples seeking to end their marriage amicably. In this article, we will explore the process of an uncontested divorce in New York and answer some frequently asked questions.

What is an uncontested divorce?
An uncontested divorce is one in which both spouses agree on all key issues related to the divorce, including child custody, visitation, child support, spousal support, and division of assets and debts. It is often more cost-effective and less time-consuming than a contested divorce, which involves lengthy court proceedings.

How long does an uncontested divorce take in New York?
The length of an uncontested divorce in New York varies depending on several factors. On average, an uncontested divorce can take anywhere from three to six months to finalize. However, the process can be expedited if both parties are cooperative and provide all the required paperwork promptly.

What is the process of getting an uncontested divorce in New York?
To initiate an uncontested divorce in New York, both spouses must meet the residency requirement, which states that either party must have lived in the state for at least two years. The process involves the following steps:

1. Filing the divorce papers: The spouse initiating the divorce (plaintiff) must file a Summons with Notice or a Summons and Verified Complaint with the appropriate court.

2. Serving the spouse: The plaintiff must serve the divorce papers to the other spouse (defendant) within 120 days of filing. This can be done through personal service, certified mail with return receipt, or an authorized process server.

3. Waiting period: After being served, the defendant has 20 days to respond to the divorce papers. If they fail to respond, the plaintiff can request a default judgment.

4. Negotiating a settlement: Both spouses must work together to reach an agreement on all the key issues. This may involve discussions, mediation, or collaborative law.

5. Drafting the settlement agreement: Once an agreement is reached, a settlement agreement must be drafted, which outlines the terms and conditions of the divorce.

6. Court filing and finalization: The settlement agreement and other required documents must be filed with the court. If everything is in order, the court will review and approve the agreement, finalizing the divorce.

FAQs:

1. Can we get divorced if we have children?
Yes, having children does not prevent you from getting an uncontested divorce. However, you will need to agree on child custody, visitation, and support arrangements.

2. Can we use the same lawyer for an uncontested divorce?
No, it is advisable for each spouse to have their own lawyer to ensure they receive independent legal advice.

3. Do we have to go to court for an uncontested divorce?
In most cases, you will not have to go to court for an uncontested divorce. However, the final court approval is required.

4. Can we change the settlement agreement after it is signed?
Once the settlement agreement is signed and approved by the court, it becomes legally binding. It can only be modified under certain circumstances.

5. Do we need to disclose all our assets and debts?
Yes, both spouses are required to disclose all their assets and debts during the divorce process.

6. What if we cannot agree on certain issues?
If you cannot reach an agreement on a particular issue, you may need to seek mediation or court intervention to resolve the matter.

7. Can we get a divorce without a separation agreement?
Yes, a separation agreement is not required for an uncontested divorce. However, having one can help clarify the terms of the divorce.

8. Can we get a divorce if we are not legally married?
No, an uncontested divorce is only applicable to legally married couples. For couples in domestic partnerships or common-law marriages, different legal processes apply.

9. How much does an uncontested divorce cost in New York?
The cost of an uncontested divorce in New York varies depending on various factors, including lawyer fees, filing fees, and additional services required. On average, it can range from $1,500 to $3,500.

In conclusion, an uncontested divorce in New York can provide a faster and less contentious resolution for couples seeking to end their marriage amicably. By working together and reaching agreements on key issues, couples can navigate the divorce process more efficiently, saving time and money in the process.