New York attorney Yolette M. Saintiny represents Clients for contested or uncontested divorce actions in New York State.
Additionally, Ms. Saintiny provides Mediation, and Divorce Coaching Services in New York.
Please note, the grounds for divorce in the United States vary from state to state.
In New York, a no-fault state, the Plaintiff bears the burden of asserting the reasons or grounds for seeking the divorce action…
No-fault ground: “Irretrievable breakdown in the relationship for a period of at least 6 months” under Domestic Relation Law “DRL” 170(7). Click Here or scroll down for additional six grounds…
New York Uncontested Divorce
In the state of New York, your divorce will be uncontested, if both you and your spouse:
1) want to get a divorce and
2) agree about what will happen with your children, your finances, real and personal property after the divorce.
If your divorce is uncontested, and you and your spouse have reached agreement on all financial and parenting issues- including all marital property issues and debt, you may represent yourself through the court process or seek the assistance of an attorney.
Child Support Standards Chart
If there are minor children involved- Click Here to view and download the Child Support Standards Chart to understand and calculate your financial obligations towards your child or children in New York state.
NY State Divorce Requirements
Listed below are the legal requirements to meet to start a divorce action (uncontested or contested) in New York state:
1- Residency: Before a New York Court can give you a divorce, you need to show that you and/or your spouse have lived in New York State for a certain amount of time, without interruption, generally for one year.
2- Grounds: You need to have grounds – a legally acceptable reason – to get divorced in New York. That means that you need to prove one of the grounds listed below:
- Cruel and Inhuman treatment
- Abandonment
- Confinement in prison for 3 or more consecutive years
- Adultery
- Living separate and apart pursuant to a separation judgment or decree
- Living separate and apart pursuant to a separation agreement
- Irretrievable breakdown in the relationship for a period of at least 6 months.
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Feeling Overwhelmed?
Divorce Is Never Easy
Going through the divorce process is a very stressful and emotional experience. One that lingers on long after the judgment or final divorce decree has been signed by the judge.
Once you’ve made the decision to get a divorce after exhausting all possible avenues in attempts to resolve ongoing issues and keep the marriage afloat…
Or perhaps, you may be fleeing a violent or abusive situation and have no other options but to severe the marital relationship for physical, personal, financial, emotional safety reasons…
Consult with a competent and experienced divorce attorney who will take the time to explain the legal process- including the grounds for divorce, your rights to equitable distribution, custody, child support, visitation, temporary maintenance (alimony) based on your specific financial circumstances.
Let Us Help You.
We can help you with your contested and uncontested divorce matter…
Legal representation includes:
- Document Preparation and Filing
- Property Settlement
- Custody and Parenting Agreement
- Real Property Sales and Transfer of Title
- Court Litigation
- Mediation
Gathering Financial Documents
Whether your divorce is contested or finalized amicably, it is wise to gather all financial documents prior to starting the action or seeking mediation. Such approach can be time-saving and reduce the stress level under the circumstances…
Start By:
Organizing your financial portfolio/file, ensuring that you include the following:
- Tax returns for the past five years
- Retirement account records; to wit: 401k, 403b, etc.
- Insurance policies (life, disability, long-term care, health, homeowners, auto, and umbrella)
- Investment account statements (brokerage, mutual funds, IRAs, SEPs, custodial, and 529 plans)
- Wills
- Living wills
- Trusts and powers of attorney
- Guardianship documents, and
- Other legal/financial documents
The foregoing is to be utilized as part of your financial disclosure when it is time for you to divide your assets.
New York lawyer Yolette M. Saintiny personally handles all divorce (contested and uncontested), custody, support and Article 81 adult guardianship matters.
Click Here to Schedule Legal Divorce Consultations
New York Uncontested Divorce Resources
Divorce Glossary of Legal Terms
Click to access ParentsHandbook.pdf
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