I would like to get a divorce which will be uncontested in NY. What are the steps/documents needed to start this process?

Asked about 2 years ago - New York, NY

It's uncontested because we did not have any children together and there are no assets to split (home, car, bank accounts, etc.). We are no longer living together. She moved out in April 2012. Where can I get the documents to start the process?

Attorney answers (6)

  1. Denise Santangelo

    Contributor Level 2

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    Answered . The forms you will need for an uncontested divorce can be found at the Office of Court Administration website at http://www.nycourts.gov/divorce/

    Remember – uncontested means that you and your spouse have come to an agreement on EVERY issue. The fact that you have no children and no assets just means that there are less tricky issues to deal with. Nevertheless, divorces of any kind are not easy to handle and the help if an experienced attorney can make this difficult time much easier on you.

    My firm handles uncontested divorces daily. Call or email me anytime for a free consultation – we can help you through this difficult time and ensure everything is handled properly and in the most expeditious way.

  2. Paul Karl Siepmann

    Pro

    Contributor Level 18

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    Answered . Just because you don't have children or assets doesn't necessarily mean it will be uncontested. There must be agreement between the parties on ALL issues. You can find information and forms here:
    http://www.nycourts.gov/divorce/forms.shtml
    http://www.nycourts.gov/divorce/

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  3. Eric Edward Rothstein

    Contributor Level 20

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    Lawyer agrees

    Answered . The Office of Court Administration web site has a form package. That said, it is still best to have a lawyer. An uncontested should not cost much. Better to be safe and make sure it gets done properly and quickly.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  4. Leta Liou

    Contributor Level 6

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    Lawyer agrees

    Answered . The forms are available on the NY State Unified Court System website http://www.courts.state.ny.us

    Even if your case is uncontested, you should still consider having an attorney represent you to complete the process, draft paperwork, make trips to court for filing, retrieving documents, etc. that an attorney will be more familiar with. Our office charges a flat fee of $750, which already includes all court filing fees and paperwork to complete the process for the uncontested divorce.

    Feel free to call if you have any questions regarding the process or would like a free telephone consultation.

    Sincerely,
    Leta Liou, Esq.
    The Law Firm of Liou & Maisonet, PLLC
    124 Nassau Street, Suite 2
    New York, New York 10038
    (646) 587-0188
    www.DivorceInNYC.com

    Matrimonial and Family Law Attorneys serving Manhattan, Brooklyn, Bronx, Queens, Staten Island, Nassau, Suffolk, Westchester, Orange and Rockland Counties.

    Answers to questions by an attorney for The Law Firm of Liou & Maisonet, PLLC are for general purposes only and do... more
  5. Harry N. Konst

    Contributor Level 12

    1

    Lawyer agrees

    Answered . The court website has a definition of what constitutes an "Uncontested" divorce, and you can see from the other posts where to find it. (NYCourts). Our office spends an hour with the client describing what to do in communicating and cooperating with their spouse in order to file and successfully complete an Uncontested Divorce. If another attorney gets involved and the two sides continue to cooperate, the divorce can proceed to a default posture, which can be done on papers and not entail the parties appearing at a hearing.

  6. Peter L. Jameson

    Contributor Level 6

    1

    Lawyer agrees

    Answered . As previously stated, it is only "Uncontested" if you and your spouse agree on EVERYTHING. You may be able to complete the forms on your own, but this may be problematic. As I tell many of my clients, you can do your own dental work too, but its not advised. More information can be found at: http://www.nycourts.gov/divorce/pdfs/Divorce-Pa....

    My firm handles all types of divorce, including post judgment relief. These cases would be less if the initial papers were handled correctly. You should seek out a firm who handles unconstested divorces, which include the drafting of a settlement agreement which will adequately protect your rights.

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Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Uncontested Divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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