NYC Uncontested Divorce Attorney
Divorce is often the last thing any newlywed couple would like to think about, but unfortunately, marriage sometimes doesn’t follow the master plan and divorce becomes an inevitability. As such, divorce can be an excruciating endeavor, and in a contested divorce, it is very rare that both parties walk away with everything they deserve as well as an amicable relationship with the ex-spouse. With the help of a NYC uncontested divorce attorney, an uncontested divorce involves two parties who agree to separate with respect to all issues concerning the dissolution of their marriage.
Since 2010, the divorce attorneys at Hoffmaier & Hoffmaier P.C. have helped hundreds of NYC residents obtain an efficient, trouble-free divorce. From the initial actions that begin the divorce process to filing out paperwork to concluding the divorce, our attorneys will guide you through this entire process and put your unique interests at the forefront of our representation strategies. For Manhattan’s leading divorce attorneys, feel free to visit our law offices on 13 Avenue B, 1st Floor, or give us a call at (212) 777-9400.
Differences Between Contested and Uncontested Divorce
If you’re considering a divorce in New York state, it is important to understand the basic differences between contested and uncontested divorce proceedings. According to New York law, an uncontested divorce means that both parties (you and your spouse) have already settled all of the necessary issues to obtain a divorce, such as the division of property and child custody. Additionally, both parties must agree on the reason, or “grounds,” for the divorce.
Since 2010, New York became a no-fault state, and therefore, the grounds for divorce can include an irretrievable breakdown of the marriage for at least six months before filing the divorce. An uncontested divorce also occurs when one party files for divorce and the spouse fails to show for the divorce proceedings.
Unlike contested divorces, there is an array of benefits to an uncontested divorce. First, because the divorce matters are settled, there is no need for a trial (meaning the process is quicker and significantly less expensive). Lawyers are still highly recommended, however, as they can assist in making sure the paperwork is completed correctly, help the divorcing parties reach agreements on all issues, and file the paperwork in a timely manner.
Divorce Action in New York
Before initiating the divorce proceedings in New York, both parties have to be in agreement in the following areas:
- The agreement to divorce
- The grounds forming the divorce
- The division of marital property and debts
- Custody of children and parenting times for the other parent
- Child support
- If spousal support is necessary, and who will pay
Also, it is important to note that both parties must also meet the requirements to file for divorce in New York. These requirements include:
- The couple has been living in New York for at least two continuous years immediately before filing for divorce
- The couple has been living in New York for at least one continuous year immediately before filing for divorce, and
- The couple was married in New York, or
- The couple lived in New York, or
- Grounds for divorce while living in New York
With all of the requirements satisfied, the couple can initiate divorce action in New York. Keep in mind that if the couple has kids under the age of 21, a NYC Family Court can help resolve issues related to custody, visitation, and child support. The actual divorce case is started when a “Summons With Notice” or a “Summons and Complaint” is filed at a County Clerk’s office. Residents in New York City, specifically New York County, can actually file the papers over the Internet through the New York State Courts Electronic Filing system.
The summons is delivered to the “defendant” (the person who wants the divorce is the “plaintiff”), who responds with a Affidavit of Defendant, which states that the defendant agrees with the divorce and does not argue to what is being asked in the summons. After the calendaring stage, and if the divorce is approved, a Judge will sign a Judgement of Divorce.
Documents Needed For an Uncontested Divorce
In an uncontested divorce case, there are several documents the parties may need to address. These include:
- Notice of Automatic Orders
- Notice Concerning Continuation of Health Care Coverage
- Summons With Notice (UD-1)
- Verified Complaint (UD-2)
- Affidavit of Service (UD-3)
- Sworn Statement of Removal of Barriers to Remarriage (UD-4) and Affidavit of Service (UD-4a)
- Affirmation of Regularity (UD-5)
- Affidavit of Plaintiff (UD-6)
- Affidavit of Defendant (UD-7)
- Child Support Worksheet (UD-8)
- Support Collection Unit Information Sheet (UD-8a)
- Qualified Medical Child Support Order (UD-8b)
- Note of Issue (UD-9)
- Findings of Fact/Conclusions of Law (UD-10)
- Judgment of Divorce (UD-11)
- Part 130 Certification (UD-12)
- Request for Judicial Intervention (UD-13)
- Notice of Entry (UD-14)
- Certificate of Dissolution of Marriage
- Self-Addressed and Stamped Postcard
- USC Divorce and Child Support Summary Form (UCS-111)
Contact Hoffmaier & Hoffmaier Today
Although an uncontested divorce doesn’t require a trial or expensive court proceedings, it is still essential to acquire a NYC divorce attorney to ensure that no stones are left unturned in the divorce. A couple may have agreed on all matters concerning a divorce, but it can help to have a second set of eyes reviewing the terms to ensure that you aren’t going to be severely affected later on.
Furthermore, a Hoffmaier & Hoffmaier divorce attorney will negotiate optimal terms on your behalf, ensure that all paperwork is completed and filed correctly, and help move the divorce action as efficiently and smoothly as possible. If you’re considering divorce, contact Hoffmaier & Hoffmaier today at (212) 777-9400 for a free consultation.
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