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What is an uncontested divorce?

On Behalf of | Jun 26, 2024 | Divorce

In an uncontested divorce, the spouses agree on the major issues, such as property division, child custody and spousal support, without requiring court intervention. This occurs when neither party disputes the terms of the divorce, and each spouse either consents to the divorce or does not respond to the divorce action. If the spouses are amicable, they can work together to ensure that their divorce is uncontested, which has some real benefits.

Benefits of an uncontested divorce

Uncontested divorces offer several advantages for couples seeking an amicable end to their marriage. First, uncontested divorces generally cost less than contested divorces because they avoid the expenses associated with court hearings, extended legal fees and lengthy negotiations. This can be a significant financial relief for both parties.

Time efficiency

The process for uncontested divorces is typically quicker than contested ones. Since both parties agree on the terms, the divorce can be finalized more swiftly, allowing both individuals to move forward with their lives sooner without being entangled in a prolonged legal battle.

Reduced conflict

By mutually agreeing on the terms of the divorce, couples can minimize conflict and maintain a more harmonious relationship post-divorce. This is especially beneficial if children are involved because it promotes a stable and cooperative co-parenting environment.

The process of uncontested divorce

The procedure for obtaining an uncontested divorce in New York involves several steps. The process begins with the Plaintiff (the spouse initiating the divorce) filing a joint petition or agreement with the court. Both parties need to complete, sign, and notarize the required documents, which are then filed with the County Clerk’s Office. The Defendant (the other spouse) must be officially served with the divorce papers.

Once all documents are filed and the defendant responds (or fails to respond), the court reviews the paperwork. If everything is in order, the judge grants the divorce.

Uncontested divorces offer a streamlined and amicable way for couples to end their marriage. By agreeing on all major issues, couples can save on costs, resolve their divorce more quickly and reduce conflict, making the transition smoother for everyone involved, particularly children.