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Uncontested Divorce
Uncontested Divorce is based upon the parties, husband and wife, reaching an agreement about all of the issues in their divorce, such as child support, custody and equitable distribution. Once all of the issues have been agreed upon, a written Agreement is drafted setting forth all of the terms of the parties’ settlement. This Agreement is often known as a Separation and Settlement Agreement.

An uncontested divorce is based upon the written Agreement for the purposes of advising the Court as to the terms of the settlement. This avoids the need for a trial and, in most cases, the need for the parties to even appear in Court at all.

An Uncontested Divorce is obtained by submitting the written Agreement with other Court forms, such as required affidavits and the Judgment of Divorce to the court. After the papers have been submitted, the case will be assigned to a Judge for review and approval. Provided that all of the requisite forms have been submitted in the proper form, and all other legal and procedural requirements adhered to, the Judge will execute the New York Uncontested Divorce Judgment and return the signed papers to the Plaintiff’s Attorney for filing and service.

An uncontested divorce is based upon negotiation, compromise and settlement. To proceed with a New York Uncontested Divorce, you and your spouse will first have to agree on a settlement of all of the relevant issues, such as parenting time, support and a division of your assets and debts.

The actual divorce is obtained after the preparation of a Separation and Settlement Agreement. The agreement is a formal written contract that outlines all of the terms of your settlement. After the Agreement has been entered into, you can either wait one year or, if you and your spouse can agree on grounds for divorce, proceed with an immediate divorce. At the time the divorce is pursued, the Separation and Settlement Agreement will be filed with the Court along with other New York Uncontested Divorce forms. Provided that all of the procedural and legal requirements have been met, the Court will execute the papers and issue a divorce