Getting a divorce is never easy, especially when children are involved and assets must be divided. Oftentimes, these divorces can be complex and contentious. A divorce may be either contested or uncontested. A contested divorce is where one spouse does not agree to pursue a divorce whereas an uncontested divorce is when both parties agree. In New York, an uncontested divorce happens when:
- There are no financial disagreements between the parties regarding the division of property, spousal maintenance, or child custody and support; and
- Both parties agree to the divorce or one spouse fails to appear in the divorce action.
In order to file for an uncontested divorce in the state of New York:
- Both parties must have consecutively lived in New York State for at least two from the date of filing; and
- Must provide a legal basis for the divorce such as irretrievable breakdown also referred to as no-fault divorce.
No-fault divorce means that the marriage has been over for at least six months and the parties have agreed on and settled matters regarding the division of property and or child support and custody. While this may seem like a simple process, it is still recommended that each party have adequate legal representation in order to ensure that the proper documents are filed in a timely matter and with the appropriate court.
Once an attorney files the proper paperwork, the defendant will certify that he or she does not wish to contest the divorce by providing his or her signature. In some instances, one party may be under the assumption that the parties agreed not to contest the divorce, but later discovers that the other party has decided to contest it. For this reason, it is especially important to have a legal representative in an uncontested divorce.
Before initiating a divorce, it is important to speak with an experienced divorce and family law attorney, who may guide you through the process in order to ensure that your rights and the rights of your children are protected. The lawyers at Larry McCord & Associates, LLC have experience in all aspects of child custody and family law matters. The complexities in divorce and custody cases can be overwhelming and emotional. Contact Larry McCord and Associates, LLC at (631) 643-3084 to put an experienced Long Island family lawyer on your side.