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Uncontested Divorce in Staten Island NY

Put Years of Experience in Your Corner

In an uncontested divorce, you and your spouse agree upon everything regarding the dissolution of your marriage. If you serve divorce papers on your spouse, he or she will sign the papers and send them back to you.

You can also obtain an uncontested divorce if your spouse does not return or answer the papers within a certain time period and you can prove that they were properly served.

If your spouse disagrees with anything in the divorce papers, then the matter becomes a contested divorce and you will have to resolve your differences through negotiation, the courts, or both.

No-Fault Divorce Law in New York

In October 2010, New York became the last state in the country to enact a no-fault divorce ground. Under this law, you can get divorced if your marriage has "broken down irretrievably" for six months or more.

In New Jersey, the concept of no-fault divorce was adopted in 2007, and while it is called “Irretrievable Breakdown”, the basis is the same as that explained above for New York. Either party to the marriage can assert this ground for divorce.

It is not required that you be separated for the last 6 months; all that is required is that the marriage has been "broken down" for six months. Some issues must be resolved before the Court can grant a no-fault divorce. These issues include:

Equitable division of marital property
Spousal support payment or waiver
Child support payment
Attorney fees
Child custody
Visitation

We can advise you on all of the legal aspects of an uncontested divorce. Get specific answers to your questions by consulting with a Staten Island uncontested divorce lawyer at your earliest opportunity.

Benefits of an Uncontested Divorce

Choosing to pursue an uncontested divorce can offer numerous benefits for both parties involved. Unlike a contested divorce, an uncontested divorce typically involves less time, money, and emotional stress.

Our Staten Island uncontested divorce attorneys can guide you through the process and help you understand the advantages of pursuing an uncontested divorce in New York.

Benefits of an uncontested divorce may include:

Quicker resolution
Lower legal fees
Reduced emotional strain
More control over the outcome
Less time spent in court

By choosing an uncontested divorce, you and your spouse can work together to reach a mutually beneficial agreement, allowing you to move forward with your lives in a more amicable and cost-effective manner.

Contact us today by calling (800) 560-0922 to get started on an uncontested divorce.

Have Questions?

We Have Answers!

Can I Start a Divorce Against My Spouse When I Reside in New York, but My Spouse Does Not Reside in the Country?

The short answer to this question is, generally, yes, however, this is a complicated issue and it is important for you to speak with an experienced attorney about the issues of service of process on your spouse pursuant to international law. When the country in which your spouse is to be served is a signatory to the Hague Service Convention, the documents to be served will need to be translated into the official language of that country and presented to a Central Authority authorized to effectuate service in that country. This is often a lengthy process, which includes the translation of legal documents, shipping of those documents abroad, and locating your spouse. Attorney Dow has experience organizing the service of international process and welcomes the opportunity to help you serve your internationally located spouse.
Where Can I File My Divorce Paper Work?

If you are currently engaged in an uncontested divorce then you can file your divorce papers at the County Clerk’s Office, or online using the New York State Courts Electronic Filing System. However, many times this isn’t the case and you need an attorney that will guide you through your divorce. Contact my firm today for more information.
Do I Need to Live in New York to File for Divorce in New York?
Before you can obtain a divorce in New York State, you must meet one of the following residency requirements:
- The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and both parties live in New York at the time of filing.
- Either party has lived in New York for two years or more prior to filing.
The court cannot maintain jurisdiction over a divorce action unless one of these five residency requirements exists. Any challenge to residency must be raised during the divorce proceedings, and will not be entertained post judgment.