Three Things to Know about Uncontested Divorce in New York

Three Things to Know about Uncontested Divorce in New York

Many people make the incorrect assumption that an uncontested divorce in New York means a fast, simple process that does not require any effort.  While an uncontested divorce is certainly the fastest and easiest way to obtain a divorce in New York, there are many ways an uncontested divorce can become complex.

Becoming Contested

First and foremost, when it comes to uncontested divorce, New York law allows either spouse to contest it at any time, even if they have previously agreed to cooperate.  This can happen due to any misunderstanding or disagreement about any aspect of the divorce, from custody to property issues.  It is vital to be certain you and your spouse have clearly discussed and explicitly agreed on all terms.

Time Investment

No divorce is instantaneous.  Although uncontested, no-fault divorces move much more quickly than a divorce sought for other grounds, most uncontested divorces in New York take at least a month to resolve, and even longer depending upon how quickly the issues are resolved and the court documents are prepared and signed..  Having a separation agreement that has been in place for at least a year that can be easily converted to a divorce decree can help speed things up.  However, once your spouse is served divorce papers, the divorce isn’t final until they sign – which can add significant time to the proceedings if they delay for any reason.

Court Appearance

If your divorce remains truly uncontested and no complications arrive, there will be no need to actually appear in court.  A truly uncontested and cooperative divorce in New York can be handled entirely via phone, email, and fax.  However, if the divorce becomes contested or otherwise complicated, this will change and court appearances will be necessary.

While not required for an uncontested divorce, an attorney’s advice is helpful to ensure success and may even streamline the process.