Uncontested Divorce Lawyer NYC
Without any doubt, when people are getting married, divorce is the last thing they are thinking about. However, life is often unpredictable, and things happen not in the way we have previously intended.
Since 2010, New York has been a no-fault state. Due to this, couples can file for an uncontested divorce meaning that they don’t need to provide sufficient grounds for legally dissolving the family. Your partner and you just need to talk the things through to attain agreement on several aspects including your accumulated property and child support.
Even if you and your partner have come to agreement to seek uncontested divorce, the divorce process is a highly emotional experience. Therefore, quality legal support and guidance are more important than ever. It’s a common mistake to think that you don’t need a lawyer when you seek amicable divorce. Actually, it’s crucial to find a divorce attorney that you can trust. An uncontested divorce lawyer will help you with preparing the divorce papers as well as ensure that all necessary uncontested divorce forms are properly completed. Get this: a tiny mistake may result the outright dismissal of your case and the loss of your fee.
If you are looking for an uncontested divorce lawyer in NYC, you are in the right place. At Shtark Law PC in New York, our experts are trained to provide transparent, courteous service to the clients in order to get the best outcome for them and their families.
Uncontested Divorce Process: FAQs
You might have questions about the uncontested divorce process. Here are the ones we most frequently get from our clients.
Uncontested divorce vs contested: what is the difference?
A contested divorce is one in which the parties aren’t able to come to agreement, either on getting divorced or on the terms of the divorce. The terms may include division of property, debt allocation, child and spousal support and child custody. People typically prefer to avoid this type of divorce since its proceedings happen in court. First of all, it can take a lot of time, next, this usually comes at a price, and, to top it off, it provokes hostility between the ex-spouses.
Conversely, in an uncontested divorce, the ex-partners agree on all the issues and do not need to go to the court. Finally, an uncontested divorce comes through more quickly, being less complicated and costly.
Is an uncontested divorce a right choice?
Yes, it is always the best solution when the partners can work through their differences and attain an agreement on the key matters concerning property and children. You are avoiding a costly legal battle and loads of stress with an uncontested divorce.
Is it possible to get an uncontested divorce without spouse signature?
Yes. In New York State, you can get a divorce without your spouse’s signature if your spouse fails to respond accordingly after they have been served. In other words, when a forty-day waiting period passes, the spouse who has been served loses the right to take part in the divorce process. Therefore, the petitioning party gets the right to have the uncontested divorce finalized by default.
How long does an uncontested divorce take?
As soon as the documents are submitted to the clerk’s office, it typically takes from four to six months. At Shtark Law, we assist our clients with preparing all the necessary divorce papers to streamline this process.
Are there any chances that we’ll be required to go to court?
Actually, it is one of the most significant advantages of uncontested divorce: the parties don’t typically have to appear in court. As an exception, it’s possible when the judge has questions about something listed in the divorce agreement, however, it happens rarely. That’s why it’s a good idea to hire an uncontested divorce attorney who will help you with the papers so that the judge has no questions.
Are a couple who are not NY residents eligible for a NY divorce?
No. In case neither you nor your partner maintains a residence in New York, you cannot apply for a divorce in New York. However, this rule does not apply to military personnel or parties that have temporarily relocated.
Uncontested divorce NY checklist
If you and your ex-partner have decided to seek uncontested divorce, you should discuss the following aspects and achieve an agreement on each of them:
- Agreement to divorce;
- Reason for the divorce;
- Property division;
- Spousal support;
- Debt allocation;
- Child custody/visitation;
- Child support.
In addition, you and the other spouse have to suit the requirements to apply for divorce in New York. They are the following:
- The couple have been living in New York for the last two years or around that before the process has started;
- Either you or your spouse have been living in New York for at least one year under the one of the conditions below:
1) You got married in New York
2) You lived in New York as a married couple
3) The grounds for divorce happened in New York.
Uncontested divorce with child
As we have already mentioned, uncontested divorce is possible only when the couple has achieved an agreement on key points. If you have children, they typically become the most important you need to agree on.
There are three main aspects you need to discuss: child custody, visitation, and child support. Together with an experienced divorce attorney, make a decision on the child custody. Keep in mind that there are two types of it, physical and legal. Physical custody means that the child will live with the parent who is going to be granted it, who will also take actual physical care of the child. Legal custody means making essential decisions about the child, including education, health care, religion and more. Typically, legal custody is shared between the both parents.
Once you have decided whom will the child live with (by the way, you can also share physical custody, but it’s less usual), you should determine visitation times for the other parent.
Next thing parents need to discuss is child support. It is money paid by a parent to cover a child’s needs, such as child care, health care, and other expenses. Most often, the ex-spouses agree upon the following: the spouse who spends less time with the child is legally responsible for paying child support payments. Child support payment rates can vary depending on each certain situation.
Uncontested divorce without child
Without children, this type of divorce is undoubtedly the most reasonable choice of the divorcing couple. Indeed, children care is the most difficult part to agree upon. However, there are some matters that need to be discussed.
Without children, the major challenge is a property division. Also, you should remember that asset division might include debts and retirement savings.
In addition, you might also want to receive spousal support payments, or alimony.
As you can see, even if you do not have children, legal support is absolutely vital when you seek an uncontested divorce.
In essence, uncontested divorce is the optimal solution as it saves you from extra expenses and unnecessary stress. No matter if you have children or not, you need an experienced lawyer who will help you with uncontested divorce in NY. Get in touch with Shtark Law PC experts who will assist you in preparing divorce papers and help you and your spouse to come to the mutual decisions about the division of your assets and other issues.