Uncontested Divorce Lawyer NYC

Persevering to Obtain the Fastest, Fairest Divorce

When a marriage reaches its end, the spouses usually want the divorce process to be over just as quickly. In New York, an uncontested divorce is the fastest and most straightforward means of obtaining a divorce. There's just one catch — both spouses must agree on all financial and child-related matters.

The uncontested divorce attorneys at The Levoritz Law Firm have ample experience dealing with the issues that can occur during a divorce, such as one party trying to hide assets or manipulate their way out of child support payments.

Sometimes, one spouse may agree with whatever the other spouse offers in order to get the divorce over with, even if it isn’t in their best interests. In such instances, the advice of a seasoned lawyer becomes priceless.

Leveraging our extensive knowledge and resources, we’ll work to secure an uncontested divorce that not only meets your desired terms but also ensures a just outcome.

What Is an Uncontested Divorce in New York?

An uncontested divorce occurs when both parties agree on all major aspects of the divorce, including asset division, debt allocation, child custody, visitation, and support arrangements. This type of divorce suggests that the couple can reach an amicable agreement without the need for a court to make decisions for them.

The grounds for an uncontested divorce can be based on several factors, but the most common is the "irretrievable breakdown of the marriage for a period of at least six months." This ground characterizes a "no-fault" divorce, which indicates that the marriage has broken down beyond repair, with neither party being blamed for the breakdown.

Other grounds for divorce in New York include:

• Cruel and inhuman treatment.
• Abandonment for a continuous period of one year or more.
• Imprisonment for three years or more.
• Adultery.
• Living separate and apart pursuant to a separation agreement for at least one year.
• Living separate and apart pursuant to a separation decree or judgment of separation for at least one year.

Pursuing a divorce on the grounds of an irretrievable breakdown simplifies the process, as it doesn’t require proof of fault. This makes it a common choice for those seeking an uncontested divorce. This approach aligns with the goal of an uncontested divorce, where the emphasis is on reaching a mutual agreement and resolving the marriage dissolution efficiently and amicably.

What Are the Benefits of an Uncontested Divorce?

An uncontested divorce allows couples to dissolve their marriages with dignity, respect, and mutual agreement.

Here are some of the key benefits of this type of divorce:

• Cost-effectiveness: Uncontested divorces typically cost less than contested ones because they require fewer court appearances and less attorney time.
• Quicker resolution: Without the need for lengthy court battles, uncontested divorces can be finalized more quickly, allowing both parties to move forward sooner.
• Greater privacy: Uncontested divorces often involve less public disclosure of personal information, offering a degree of privacy not available in contested proceedings.
• Less conflict and stress: By avoiding contentious court battles, uncontested divorces can reduce the emotional and psychological stress on both parties.
• Control over outcomes: Couples have more control over the terms of their divorce agreements, allowing for more personalized arrangements.
• Improved co-parenting relationships: The collaborative nature of reaching an uncontested divorce can lay a foundation for positive future co-parenting interactions.

An uncontested divorce sets a tone of cooperation that can benefit all involved, especially when children are part of the family dynamic.

The Uncontested Divorce Process in New York City

The process of filing an uncontested divorce in New York can vary, depending on specific circumstances. There are, however, some basic steps.

To start, you must meet two general requirements:

• The residency requirements per NY Dom. Rel. Law § 230.
• The grounds for divorce requirement per NY Dom. Rel. Law § 170.

If the parties meet these requirements and want to move forward with an uncontested divorce, the spouse filing the divorce papers must, in part:

• Prepare the required forms, which include a Summons, Verified Complaint, and any applicable Settlement Agreement, among other documents.
• Purchase an index number at the county clerk's office in the county where they live; this is added to the Summons and Verified Complaint.
• Provide copies to the spouse, along with certain required notices and an Affidavit of Defendant, which is used when the other spouse agrees to the divorce.

The completed papers must be filed at the county clerk's office. Alternatively, an Affidavit of Service may be filed if the defendant's spouse does not agree to complete and return the Affidavit of Defendant.

How Long Does an Uncontested Divorce Take?

An uncontested divorce is generally one of the quickest ways to legally dissolve a marriage in New York State. On average, it can take anywhere from three to six months to finalize an uncontested divorce after all the necessary paperwork has been filed.

Common Mistakes During Uncontested Divorce

Ensuring that your uncontested divorce goes smoothly requires you to steer clear of errors like the following that could hinder your proceedings.

• Confusing Simplicity for Ease

  Just because uncontested divorces are relatively straightforward doesn’t mean negotiations are always uncomplicated. Even without contention, there's room for disagreement or imbalance, potentially leaving a less informed spouse with less than they're entitled to by law.

• Sharing Legal Representation

  Opting to share a divorce attorney with your spouse to cut costs isn’t a good idea. Such an arrangement can open the door for inequity, especially if the divorce agreement is contested later. The spouse benefiting from shared legal counsel might then need to prove the agreement's fairness.

• Overlooking Important Details

  Failing to compile a comprehensive record of assets, debts, and related financial obligations can lead to agreements that don't accurately reflect one's financial standing. This in turn can affect settlements on assets, debts, spousal support, or child support.

• Going It Alone

  Don’t assume you’ll be able to manage the requisite divorce paperwork, filings, and court appearances while adhering to precise legal protocols. If you’re wrong, it could extend the waiting period for your divorce.

• Misinterpreting Your Rights

  A limited understanding of your rights can also have significant implications.

For instance, in Marin-Brown v. Brown, a divorcing husband sought to rescind a seemingly unfair separation agreement after filing for an uncontested divorce. Despite his appeal, the appellate division upheld the decision, illustrating the critical need for full awareness of one's rights and competent legal representation to avoid unfavorable outcomes.

Why You Need an Attorney for Uncontested Divorce Proceedings in NYC

New York's approach to divorce is based on equitable distribution, meaning marital assets are divided fairly, though not always equally.

In an uncontested divorce, you and your spouse have the autonomy to decide what's fair. Courts typically uphold these agreements unless they're illegal, run counter to public policy, or result from fraud or coercion.

There’s a lot to divorce, procedurally speaking, even if you and your spouse agree on the basic terms. An experienced divorce attorney from The Levoritz Law Firm can assist you by performing the following duties:

• Inventorying and valuing your marital property so you know the exact worth of what you get versus what your spouse takes.
• Advising you on spousal maintenance and confirming what's appropriate and what's not.
• Reviewing your parenting plan and/or helping you create one that considers your schedule and rights to your child.
• Ensuring that child support is adequate and in accordance with the law.
• Strategically negotiating to promote the interests of you and your children, if any.

Your lawyer will zealously advocate for your rights while being sensitive to your spouse's position and your desire to obtain an uncontested divorce.

Why Choose Our NYC Uncontested Divorce Lawyers?

Selecting The Levoritz Law Firm to handle your uncontested divorce means entrusting your case to a team that balances sensitivity with unwavering advocacy. With us, you get more than just a lawyer — you gain a partner who respects your wishes for a smooth divorce while taking every action with your best interests at heart.

• Efficient Yet Measured Representation: We understand that uncontested divorces are appealing because of their expediency and reduced court time. We’ll see that you receive everything you're entitled to without acting hastily or failing to do our due diligence.
• Readiness for All Outcomes: Our skill and commitment to your interests means we're prepared for any turn your case might take. If your divorce proceedings become contentious, our experienced litigators will fight for you in court, ensuring that your voice is heard and your rights are protected.
• Protection of Your Interests: It's easy to overlook what's rightfully yours during emotionally charged times. Our role extends beyond mere legal representation — we serve as your steadfast support system, offering valuable guidance when emotions threaten to cloud your judgment.
• Empathetic Guidance: Your emotional well-being is our highest priority. We’ll provide the understanding and perspective you need at every critical juncture.
• Strategic Negotiation: We always aim for amicable resolutions during negotiations, but we’re prepared to fight doggedly for you in court if necessary.