What is needed to be considered Uncontested?

The parties must have an Agreement, preferably in writing, regarding all of the issues that arise in a divorce proceeding.

What are issues that arise in a divorce proceeding?

Issues of a divorce that need to be resolved before a divorce is considered uncontested can include custody, parenting time, child support, spousal maintenance, real estate distribution, bank account distribution, stock and investment account distribution, retirement distribution, counsel and expert fees. Each economic partnership is different, and your divorce may include additional issue that need to be resolved. Often there are pets that need to be considered as well.

What happens if we can’t agree on all of the issues?

If you can’t agree on all of the issues, you can still proceed with a contested divorce. This is a Court proceeding that may require your in person appearance. Contested divorces allow parties to divorce when they cannot come to an agreement by having the Court make a decision on the outstanding issues. Speaking to an attorney is critical before proceeding with a contested divorce proceeding.

How long does it take to be divorced if it is Uncontested?

An Uncontested divorce can be a significantly faster way to get divorced. Once the parties have come to an Agreement on all of the issues, paperwork can be filed with the Court to obtain a Judgment of Divorce. If you already have a Separation Agreement, the Uncontested process is designed to expedite your case within the New York Court system.