Meet the Residency Requirements:
Check to find if you or your spouse can apply How to File an Uncontested Divorce in New York. Before filing, you or your spouse must have resided in the state for at least a year.
Grounds for Uncontested Divorce:
Uncontested divorces are often granted on the no-fault basis of irretrievable collapse of the marriage lasting at least six months. Both parties must agree that the marriage is irretrievably broken and there is no hope of repair.
Prepare and Sign Settlement Agreement:
Work with your spouse to reach a complete agreement on all divorce-related concerns. This comprises property partition, spousal support (if applicable), child custody, and child support. Create a Settlement Agreement that details all of the terms and conditions agreed upon by both parties.
Complete the necessary forms:
Obtain the necessary divorce documents for an uncontested divorce in New York. The three primary forms are the Verified Complaint, Plaintiff's Affidavit, and Settlement Agreement. These forms are normally available on the official New York court website or through the county clerk's office.
File the Papers with the Court:
Fill How to File for Divorce Online in New York and file them with the Supreme Court in the county where you or your spouse currently reside. Unless you qualify for a fee waiver due to financial hardship, you must pay the filing fee.
Serve Your Spouse:
Even in an uncontested divorce, you must provide your spouse with divorce documents. This can be accomplished through personal service or another approved means, such as certified mail with a return receipt request.
File the defendant's affidavit:
When your spouse receives the papers, they must sign an Affidavit of Defendant, saying that they agree to the conditions of divorce.
Wait for court approval:
After filing the required documents, the court will review the documentation. If everything is in order and both parties have met the legal requirements, the court will grant the uncontested divorce.
Obtain the Judgment of Divorce:
Once approved, the court will issue a Judgment of Divorce. This document finalizes the divorce, and both parties are legally divorced.
Follow-Up Matters:
Ensure that both parties adhere to the terms of the divorce decree, including any stipulations regarding property division, support payments, and child custody arrangements.
It's important to note that even How to Get Uncontested Divorce in New York , consulting with an attorney is advisable to ensure that your rights are protected, and all legal requirements are met. Additionally, legal procedures may vary, so seeking professional advice can help navigate the process smoothly.