What’s Uncontested Divorce?

What Does Uncontested Divorce Mean?

There are situations in relationship where both parties no long want to remain married and want to lead separate lives. In situations like this, the couple can divorce without long lasting court procedure, where both sides save time and money, and remain civilized.


Eligibility for an Uncontested Divorce

If couple decides to fill Uncontested Divorce they ought not to have:

  • Child custody disagreement
  • Child Support disagreement
  • Alimony and spousal support disagreement
  • Property litigation

To start the procedure for an uncontested divorce one of the parties can fill the divorce petition in New York Supreme Court. If there’s no contest from the other parti to this petition in any way, then the divorce is considered, and Divorce Decree is granted.

Benefits of Uncontested Divorce

As said above, the main benefit of Uncontested divorce is cost and time saving. The attorneys for Uncontested Divorce cost less, also it takes shorter time to get divorced. The indirect advantage of uncontested divorce is that there isn’t a conflict, so no necessity to come to the resolution of any question.

Disadvantages of Uncontested Divorce

The main disadvantage for uncontested divorce is that you simply can’t fill it if you still have child custody or property disagreement. If this is the case parties should also consider other possible questions arising, parties should consider mediation or filling contested divorce. Where it leaves for long and time and money consuming court procedures.

What’s the Difference Between the Uncontested and Contested Divorce Process?

During the contested divorce couples are not in agreement with divorce terms, child support and custody issues. In Uncontested Divorce couples are in total agreement on all issues, and have a Settlement Agreement in place.
Main Differences are:

  • During contested divorce main role of the court is to hear the case, the parties’ arguments and put a decision in place. Unlike uncontested divorce, the couples here cannot control the result.
  • Attorneys’ fees are much higher and court prosses is much longer (hearings, court dates). Contested divorce is expensive and time consuming and you cannot control the outcome.
  • Time is one of the important differences for uncontested and contested divorce. As said above, during uncontested divorce you save time because it takes less time for the court to grant the divorce.

How long does uncontested divorce take?

Two main factors for the length of uncontested divorce are:
Occupation of the court
How fast the couple sign the mandatory document
State by state it differs from 6 weeks to 6 – 9 months.
Requirements for Uncontested divorce in New York
Residency Requirements: The Parties can get a divorce in New York if:
> either spouse has been a resident of New York for a minimum of two continuous years before filing
>either spouse has been a resident of New York for a minimum of one uninterrupted year before filing
>either the spouses got married in New York, or they kept New York as the main residence during the marriage,
> the need for the divorce arose in New York.
Cost to File: The filing fee for a divorce in the New York is $375, although it might be higher in some cases.
Minimum Waiting Period: New York is no fault State and there is no waiting period.

Is the lawyer needed for an uncontested divorce?

Having a lawyer is not necessary for uncontested divorce, but as desirable if you aim to fill the correct forms and finish the divorce fast.
>The legal filing forms are available to public and anyone can get them within the country courthouses or civil courts.
>The couple who want to fill for divorce can hire a lawyer to fill the forms, pay the fee and write the agreements. Incorrectly filled forms won’t be considered and it will be returned, so you if you are doing it alone, you have to start the prosses again.
>You don’t have to pay the fees again, but you have to submit corrected forms.
> After you filled the form, you have to serve the papers to your spouse, he/she should sign it and return it back to you.
There are also online services available to start the filing for uncontested divorce. The prosses is the same: after you fill all the forms with or without the assistance of the lawyer, your spouse gets a copy of all the paperwork. If everything is done correctly you wait for the court to sign the Divorce Decree.

Can an uncontested divorce become contested?

The uncontested divorce can easily turn in to contested, if there are any disagreements between the parties, and which in turn extends the process of the divorce .


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