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.
If there are minor children involved- Click Here to view and download the Child Support Standards Chart to understand what your financial obligations are towards your child or children in New York state.
Uncontested & Contested Divorce Requirements in New York State
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
- Confinement in prison for 3 or more consecutive years
- 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.
Feeling Overwhelmed? Let Us Help You
We can help you with your uncontested divorce matter- Legal representation includes:
- Document Preparation and Filing
- Property Settlement
- Custody and Parenting Agreement
- Real Property and Title Transfer Assistance
Click Here to Contact Ms. Saintiny for representation regarding your family law, contested or uncontested divorce or matrimonial dissolution matters in New York state.
Uncontested Divorce Resources