UNCONTESTED DIVORCE
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Uncontested Divorce
No Challenge and No Opposition
An uncontested divorce is one in which both parties agree on all the terms of the divorce, including division of assets, child custody and support, and alimony. There is no need for a trial or any other formal proceeding in an uncontested divorce, which can save time and money for both parties.
What is Uncontested Divorce
Anyone seeking a divorce must establish at least one of the legally recognized grounds. Here are the six recognized grounds:
- Irretrievable breakdown in relationship (No-Fault Divorce):It is the most common no-fault ground for divorce in New York requiring that the relationship between the spouses has broken down irretrievably for at least six months. .
- Cruel and inhuman treatment: This ground is considered if your spouse’s behavior has been physically or mentally harmful to the extent that it is unsafe or improper for the marriage to continue.
- Abandonment:If your spouse has abandoned you for a continuous period of one year or more, this can be a basis for divorce.
- Imprisonment:You may file for divorce if your spouse has been imprisoned for three or more consecutive years after your marriage began.
- Adultery: A divorce can be based on the ground of adultery.Proving adultery can be complex and requires substantial evidence that your spouse engaged in sexual relations with another individual during the marriage.
- This ground for divorce is applicable when spouses have lived apart for more than a year following a formal decree or judgment of separation issued by a court. This period of separation must be continuous and is legally mandated to have been decreed by the court to qualify as a valid ground for divorce in New York State.
Residency Requirement
In order to get a divorce in the State of New York, one of the spouses must be a current resident of New York. There are five different ways to meet the residency requirements, as listed below:
- If the marriage ceremony was performed in New York State and either spouse is a resident at the time of the divorce and has lived in the state for a continuous period of one year immediately before the divorce began.
- If the couple resided in New York State as a married couple and either spouse is a resident at the time of the divorce and has lived in the state for a continuous period of one year immediately before the divorce began.
- If the grounds for divorce occurred in New York State and either spouse is a resident at the time of the divorce and has lived in the state for a continuous period of one year immediately before the divorce began.
- If the grounds for divorce occurred in New York State and both spouses are residents of New York at the time the divorce is commenced.
- If either spouse has been a resident of New York State for a continuous period of at least two years immediately before the divorce began.
Child support agreement
Child support is mandatory under New York Law and must be determined and documented in the divorce papers using the Child Support Worksheet. If you and your spouse agree on a different amount, a Stipulation of Settlement must be signed by both parties. The percentages vary by the number of children, ranging from 17% for one child to at least 35% for five or more children.
Division of Marital Property
In New York, the division of marital property follows the principle of equitable distribution. It is important to understand what constitutes “marital property” so that assets can be distributed fairly. Marital property includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. This can include homes, vehicles, furniture, investments, and even debts. However, individual inheritances, personal injury awards, and gifts specifically given to one spouse are considered separate property and are not subject to division.
Assets acquired before the marriage, known as “separate property,” remain with the original owner. However, if the value of separate property increased during the marriage, it may be considered marital property if both spouses contributed to its appreciation. Proper documentation and clear communication are essential in determining which assets are marital and which are separate, ensuring a fair division based on each party’s contributions and needs. It is important to consult with attorney to guide.
Finalizing the divorce
Once all the terms including the division of property are agreed upon by both parties, then the couple can file the necessary divorce paperwork with their local county court. If the court is satisfied that the agreement is just and all legal requirements are met, the divorce will be granted. Opting for an uncontested divorce can often lead to a quicker resolution, allowing both individuals to begin anew with a clear agreement and peace of mind.
Choosing an uncontested divorce is a positive step towards a respectful closure of the marital relationship and emphasizes cooperation and mutual respect. If you and your spouse are considering this option, it is advisable to consult with legal professionals to ensure that all aspects of the divorce agreement are thoroughly addressed and legally sound.
Contested Divorce
If your uncontested divorce becomes contested, the Maiaklovsky Law Firm is ready to provide continued representation. Unlike other service providers, we can handle all legal proceedings, including interactions with your spouse’s attorney. We can provide seamless legal support, no matter how your case evolves, for additional fees.
Get in Touch with the Maiaklovsky Law Firm PLLC. Today
If you’re going through a divorce, you need a law firm that understands your situation and provides compassionate and personalized attention. That’s why our law firm is the best choice for you. We know that divorce can be a stressful and emotional time, and we’re here to help you every step of the way. Our team will listen to your concerns, answer your questions, and keep you informed throughout the process. Not only do we offer compassionate and personalized service, but we also provide competitive pricing and flexible payment options. We hold the belief that every individual should have access to high-quality legal representation, irrespective of their financial circumstances.
