Although divorce can be a difficult process, an uncontested divorce provides a quicker, less stressful, and more economical choice if both spouses agree on important topics. An How to File an Uncontested Divorce in New York indicates that the parties have agreed on topics such as child custody, spousal support, asset division, and other pertinent issues. A detailed instruction on how to file for an uncontested divorce in New York may be found below.

First Step: Fulfill the Residency Conditions

Make sure you or your spouse fit the residency criteria in New York before submitting a divorce petition. You are eligible if:

Before filing, you or your spouse must have lived in New York for at least two years, or a minimum of one year, and one of the following must have happened: You were married in New York, you lived in New York as a married couple, or the divorce was filed in New York.

Step 2: Determine the Divorce Grounds

The most popular option for uncontested cases is no-fault divorce, which is permitted in New York. The marriage must have been irretrievably shattered for at least six months in order to qualify for a no-fault divorce. This makes the process easier because no evidence of misconduct is needed.

Step 3: Get divorce documents ready and file them.

You must submit the necessary paperwork to the Supreme Court of the county where either spouse resides in order to formally begin the divorce process. Among the essential forms are:

Notifying your spouse that you are filing for divorce and outlining the terms is done through Summons with Notice or Summons and Verified Complaint.

Settlement Agreement: This written agreement needs to be signed and notarized if both spouses have reached a consensus on all matters, including property distribution, spousal maintenance, child custody, and child support.

Additional Forms Needed: Worksheets for child support, financial affidavits, and other court-mandated paperwork may be necessary in your case.

Serve the divorce papers in step four.

Your spouse must receive the Summons and Complaint within 120 days of the paperwork being filed. The papers and proof of service must be delivered by a third party, like a process server. Your spouse must sign an Affidavit of Defendant acknowledging their agreement to the conditions of the divorce if they do not object.

Step 5: Deliver Completed Documents to the Court

Send the final paperwork and the signed Settlement Agreement to the court if your spouse accepts the terms of the divorce. If everything is in order, the judge will assess the case and issue a divorce judgment.

Step 6: Complete the Divorce Process

The Judgment of Divorce, which the judge signs, formally ends your marriage. A certified copy of the judgment, which is official documentation of your divorce, will be sent to you.

In conclusion

When both parties agree on the conditions, filing for an uncontested divorce in New York is a simple procedure. You can complete your divorce quickly by completing the necessary papers, according to court orders, and fulfilling residency criteria. Seeking legal advice can assist guarantee precision and avoid delays.