Uncontested Divorce
A divorce can be very traumatic for involved parties. During a divorce, very important decisions must be made that will directly impact the security and future well-being of each spouse. These decisions are never easy, and they demand much needed time and negotiation. In some divorce cases, spouses are able to settle issues amicably and reach an agreement without the intervention of the court. These types of divorces are called uncontested divorces.
A divorce is uncontested if spouses can agree on divorce issues such as marital property distribution, child custody, and spousal support, and if each spouse agrees to the divorce. An uncontested divorce can save spouses time and money. Uncontested divorces are known to be simple and efficient. Because spouses are working toward an agreement together, there is less room for anger, frustration, and misinterpretation.
If spouses cannot agree upon the divorce or the terms of their divorce, it is considered a contested divorce.
Grounds for Divorce in New York
Before a person can file for a divorce in the state of New York, they must be able to prove there are legitimate grounds. If you petition for the dissolution of marriage in New York, you must prove one of the following:
- You are seeking a divorce due to cruel or inhuman treatment.
- You were abandoned for a continual period of time exceeding one year.
- Your spouse was imprisoned for three or more years.
- Your spouse committed adultery.
- There was a conversion of a separation judgment.
- There was a conversion of a written separation agreement after you and your spouse lived apart for a time period of greater than one year.
New York is NOT a “no fault” divorce state. This means that the following are not considered grounds for divorce:
- Irreconcilable differences
- Incompatibility
- Mutual consent
- Lack of communication
If grounds for divorce can be legally established, a spouse may petition for the dissolution of marriage. Whether a divorce is contested or uncontested, it is in each spouse’s best interest to speak with an experienced New York matrimonial attorney before filing for divorce.
New York Divorce Attorneys
At the Law Offices of Scupp & Berman, LLP, our attorneys have over 20 years experience with New York divorce law and have handled a variety of complex cases. When you work with our law offices, you will receive the knowledge, attention, compassion, and professional legal representation you need to be comfortable throughout your uncontested divorce.
Our initial consultations are free of charge so that you can seek the guidance you need without having to spend money on unjustifiable fees.
Contact The Law Offices of Scupp & Berman, LLP
(516) 683-1990
The Law Offices of Scupp & Berman, LLP proudly serves clients throughout New York in Long Island, Garden City, Suffolk County, Nassau County, and Mineola.
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