Complications of Uncontested Divorce in New York

A simple uncontested New York divorce will cost the couple anywhere from $250 to $2500, and additional court fees. The husband or wife must be a resident of New York for at least one year before filing for divorce. A final judgment can usually be obtained 60 to 90 days from the date you filed the paperwork.

Grounds for Divorce in New York

The state of New York only allows couples to get a divorce after a legal separation of one year or by citing on of these following reasons for a fault-based divorce:

Abandonment—When your spouse physically abandons you for a year or locks you out of the house.

If he or she refuses to engage in sexual relations with you for at least a year, this is known as “constructive abandonment”.

Cruel and Inhuman Treatment—This means that your mental health or physical well-being is in danger if you continue to live together. The judge will want specific instances that occurred over the past five years of your marriage.

Imprisonment—If your spouse has been incarcerated for three consecutive years after you were married, you can file for divorce while he or she is still in jail or up to five years following release from prison.

Adultery—You must be able to prove that your spouse committed adultery through evidence or testimony from a third party. However, if the adultery happened over five years ago or you forgave your spouse by having sexual relations, you cannot use this as a reason for divorce.

Judgment of Separation—This can be grounds for divorce if you or your spouse did not live together because the court granted a “Decree of Separation” a year prior to the split.

Separation Agreement—If you or your spouse did not live together for at least a year because a written “Agreement of Separation” existed. Both parties must sign this in front of a notary.

What Does Uncontested Mean?

An uncontested New York divorce is when both parties agree to all issues relating to the split. This includes dividing up the property and assets, spousal and child support, child custody and visitation, and any marital debts that must be settled. You must also agree on the type of grounds you are seeking for divorce.

When Complications Arise

When your divorce involved minor children, your case will be referred to an office of the court to do the following:

Conduct interviews of both parties and recommend who should receive custody
Determine the type of custody that is in the best interest of the children
Determine the amount of child support to be awarded

If for some reason either party objects to the rulings made regarding custody and support, the divorce is no longer considered uncontested.

When to Hire a Divorce Attorney

Couples who are seeking an uncontested New York divorce are often those without children, have equal earning power and the ability to communicate with one another. However, an uncontested divorce can quickly become contested when either one of the parties disagree about a particular aspect of the settlement. When this happens, you will need to hire an experienced family law attorney to protect your interests and obtain a settlement that is fair to you.

Thinking About Divorce?