WHAT IS AN UNCONTESTED DIVORCE?

An uncontested divorce is when the spouses to a New York marriage agree to the divorce and all the issues within the divorce (i.e. financial and custodial).

WHAT DO YOU MEAN BY “AGREEING” TO THE DIVORCE?

Unlike every other state in the Nation, in New York State the plaintiff (the spouse filing for divorce) must prove that the defendant (the other spouse) was “at fault” for ruining the relationship. In other words, New York is not a “no fault” divorce state, but rather a “fault” divorce state. Therefore, in an uncontested divorce the defendant spouse concedes to a particular ground for divorce.

SO WHAT IS “FAULT” FOR A DIVORCE?

Fault in New York very legally technical and specific. It is not “irreconcilable differences” or “growing apart.” Rather, fault is defined on only 6 limited grounds:

1. Abandonment (sub divided into actual abandonment and constructive abandonment)
2. Living separate and apart for at least 1 year under a formal judgment of separation
3. Living separate and apart for at least 1 year under a formal written separation agreement
4. Cruel and inhumane treatment
5. 3 years consecutive imprisonment
6. Adultery

Each one of these grounds has legal nuisances that you must work with your New York divorce lawyer to prove falls within the definition of the ground. In other words, abandonment is not always abandonment, and what is cruel and inhumane treatment may not fall within the legal definition. Such legal work can cost thousands of divorce attorney billable hours in New York State to prove.

In an uncontested divorce the ground for divorce is agreed upon. Then the spouses can get onto the real work of distribution of marital assets and custody issues. In an uncontested divorce your divorce lawyer will spend much less time and therefore save you thousands in divorce attorney legal fees.

SO HOW IS THIS DIFFERENT THAN A CONTESTED DIVORCE?

In a contested situation the defendant spouse could deny the allegations as to grounds, and the spouses can also have disagreements as to property distribution and custody issues. Even when a spouse defendant concedes to the ground for divorce the spouses may still hotly disagree on property distribution, support, and custody.

Think of it this way: in order to get divorced the plaintiff spouse must 1st show liability (i.e. grounds). After that, the property can be divided “equitably” under the law. What is equitable or not varies from case to case.

In an uncontested divorce you need a lawyer who can work with the spouses in agreeing on who is going to be the defendant, and the ground for divorce. Then your New York attorney must be skilled in brokering a deal either among the spouses, or sometimes with the spouses both represented by different New York divorce counsel.

WHAT SITUATIONS ARE BETTER FOR AN UNCONTESTED DIVORCE?

As a threshold matter, the spouses MUST be able to speak to each other. Uncontested divorces are more suited to spouses in the following situations:

* No minor children or a child / children who are going to turn 21 in a relatively short time
* Spouses of equal earning power
* Spouses of equal ability to support themselves after the divorce
* The less assets, or more clearly defined the assets, the more suitable for an uncontested divorce
* No history of domestic violence

Most inappropriate for an uncontested divorce are when there are very young minor children, the spouses have unequal earning power and unequal ability to support themselves after a divorce, a history of domestic violence, and when there are a great deal of assets or undefined assets such as professional licenses and advanced degrees earned during the marriage. See, O’Brien v. O’Brien, 66 N.Y. 2d 576 (1985).

WHAT DO YOU DO AT THE UNCONTESTED DIVORCE INSTITUTE?

The first thing our New York divorce attorneys do is evaluate your situation for the appropriateness of an uncontested divorce. Our divorce lawyers can represent spouses anywhere in the state of New York or city of New York on an uncontested divorce, including Bronx, Queens, Brooklyn, Staten Island, Manhattan, New York County, Kings County, Richmond County, Westchester County, Rockland County, Putnam County, Dutchess County, Nassau County, and Suffolk County. Our office is conveniently located on Harrison Avenue in Mamaroneck, New York. This is convenient to Scarsdale, Eastchester, Bronxville, Tuckahoe, Pelham, Harrison, Mamaroneck Town, Mamaroneck Village, Rye, Rye City, Rye Brook, Port Chester, Larchmont, Bedford, North Castle, New Castle, Armonk, Sleepy Hollow, Dobbs Ferry, Tarrytown, Mount Pleasant, New Rochelle, Greenburgh, Mount Kisco, Yorktown, North Salem, Courtlandt, and Ossining.

If your situation is appropriate for an uncontested divorce our attorneys like to work as counsel for both spouses. However we also can represent one spouse as counsel and the other spouse seeks an independent lawyer. In either event we will work with you to come to a quick, fair, and acceptable resolution for both spouses.

CAN AN UNCONTESTED DIVORCE BECOME CONTESTED?

Yes, it does sometimes happen that the spouses cannot agree upon the issues. In that case under New York attorney disciplinary law and rules if our lawyers were representing both spouses we cannot represent either spouse in a conventional divorce.

SO WHAT IS THE ADVANTAGE OF AN UNCONTESTED DIVORCE?

First off, costs. Legal fees are routinely $400.00 / hour for a divorce lawyer – and that’s only the counsel for one spouse! What our law firm does is charge a low flat fee to work the agreement and do the legal work.

Second, time. What takes so long in getting a divorce is that the spouses can’t agree on the issues. This means that the court has to get involved, hold hearings, sometimes full trials, over the issues, and make the decision that quite frankly both divorce attorneys likely counseled their clients would be the likely outcome. In other words, it’s the agreement that takes time. If both spouses are reasonable in their dealings with the other spouse an agreement can be reached and the spouses can be divorced and on with their lives in as little as 2 months.

Third, in an uncontested divorce there is much less acrimony than in a contested situation. An uncontested divorce keeps the lines of communication between the spouses open and as non-adversarial as possible so at the end of the process there are less bad feelings between the spouses.

Fourth, even if the terms cannot be agreed upon and the spouses both need to obtain new counsel usually substantial progress has been made which makes the further proceedings go smooth.

WHAT’S THE NEXT STEP?

If you have been served with divorce papers, you are thinking about serving your spouse, or if you and your spouse have openly discussed getting divorced, contact our divorce and family lawyers. Our divorce attorneys are available to represent you in your uncontested divorce anywhere in New York City, including Bronx, Queens, Brooklyn, Manhattan, and Staten Island. Our family lawyers also available in Westchester, Rockland, Putnam, Orange, and Dutchess County.