An uncontested divorce in New York may also be referred to as an agreed divorce. Generally divorce falls into three general categories: uncontested divorce, contested divorce or missing spouse divorce.
What is Uncontested Divorce in New York?
In New York an uncontested divorce indicates that you and your spouse have reached an agreement on how to divide your property and debts, and are working together to dissolve your marriage without litigation. With an agreed divorce both spouses must sign all the paperwork and work together to navigate the mandatory court procedures in the most efficient manner possible. Also, if there are any minor children, born or adopted to you and your spouse, you and your spouse need to be in agreement about how to handle custody (called timesharing in New York) and support. In most all uncontested divorce cases in New York the couple simple agrees to follow the New York child support guidelines.
Most divorce cases ultimately end with the parties reaching an agreement before an actual trial. Very few cases, including high net worth divorces, celebrity divorces, etc actually result in a trial. The court encourages parties to reach agreement and often mediation and settlement meetings are standard before any trial occurs. Litigating with your spouse can be expensive especially if you both have expensive lawyers. For these reasons, it is usually wise to reach an agreement with your spouse as soon as possible and it’s an effective way to control and even reduce the cost of divorce.
However, if you and your spouse have a lot of assets (home, retirement accounts, business, etc) or other complex issues it is prudent to always speak with an attorney before reaching any agreement with your spouse. By talking to an attorney about your situation you can ensure your personal best interests are being considered. An experienced family law attorney can also explain your legal options.
If you have reached an agreement with your spouse, New York Divorce Online allows you to complete your divorce 100% online. A duly licensed New York attorney will prepare all the paperwork for you. Then you and your spouse simply sign, notarize and submit it to the Clerk of the Supreme Court in your county.
To get started you simply answer questions online. The attorney will ensure your personal situation and circumstances are appropriate for an uncontested divorce.
Next you and your spouse sign and notarize the papers. You and your spouse can sign and notarize online using our E-Notary service and then have us E-file your case with the Clerk of the Supreme Court in your county. Alternatively, you and your spouse can print, sign and notarize the paperwork before a local notary. You then mail the documents to or drop the documents off with the Clerk of the Supreme Court in your county. We provide all the instructions you need to complete your divorce by mail, or in person, if you do not choose for us to E-file your case for you.
No court visits are required to complete your divorce when we E-file your case. Usually no court appearance is needed when you mail or drop the documents off yourself. However, some judge’s do require a hearing as they like to determine where you received your paperwork and if a non-attorney assisted you with document preparation. This is why you should not use most “online divorce” websites as they are not licensed providers nor operated by a duly licensed New York attorney. When you use our E-file service the online attorney is who presents your case to the judge. In this situation the Judge knows that your case documents were prepared by a duly licensed New York attorney.
See if you qualify to use New York Divorce Online for your uncontested divorce in New York.
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