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One of the most challenging things a couple may have to do during the course of their marriage is going through a divorce. However, a divorce does not have to be acrimonious. If a couple can come together to make decisions based on the best outcome for each party and their family, an uncontested divorce may be the best approach.

For over 30 years, the experienced NY divorce attorneys at New York Family Law Group have helped clients navigate the complicated terrain of divorce and other family matters. NY attorneys Ethan Steward and Martin Mohr have dedicated their careers to families dealing with divorce, offering the most skilled and compassionate support and representation possible.

Call us today at (718) 293-1542 to speak with a skilled New York uncontested divorce lawyer and schedule a consultation at New York Family Law Group. 

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What is an Uncontested Divorce in NYC?

A divorce that is uncontested happens when both parties can come to a mutual agreement on all the terms of their divorce without the involvement of the courts. While divorce is never easy, it can be uncontested. Some couples can come together to craft agreements that are fair to both parties. An uncontested divorce can be a more amicable, cost-effective, and less time-consuming solution.

A divorce that is uncontested can be a relatively simple matter when a couple has no issues when it comes to their properties, assets, debts, or minor children. Even when assets and young children are involved, spouses who can cooperate and agree on key issues can avoid conflict and a lengthy contested divorce process.

New York Family Law Group’s team of attorneys may be able to help if you are looking for skilled legal advice regarding your divorce. It may be an overwhelming time for your family, but it does not have to be hard. We are here to offer support and legal representation. You do not have to go to court. Having a skilled uncontested divorce lawyer in NYC who can help you settle key issues with your spouse amicably is very important.

Schedule a consultation with our attorneys today to learn more about how we can help.

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What Qualifies a Couple for an Uncontested Divorce in NYC?

In order for a couple to qualify for an uncontested divorce in New York, they must:

  • Meet state residency requirements
  • Agree that they both want the divorce
  • Agree on the division of marital property
  • Agree on both the legal and physical custody of the children
  • Agree on who will pay child support and in what amount
  • Agree to any spousal support

Even in the friendliest of divorces, coming to these agreements will often involve disagreements and may require skilled negotiation. Having the representation of an experienced attorney for divorce ensures that your best interests are considered while keeping the focus on cooperative negotiation and terms that can be agreed upon by the couple.

While a divorce that is uncontested is not always suitable for every couple, if they can come together with a focus on cooperation, the rest may be up to skillful negotiation between both parties. 

At New York Family Law Group, uncontested divorce attorney Martin Mohr and his team of NYC uncontested divorce lawyers have helped countless couples negotiate and finalize their divorce in an uncontested manner, allowing for a more amicable and cost-effective resolution. Our team of attorneys for divorce in New York has spent years of their careers providing legal support and representation to many families. We may be able to help you.

Call us today at (718) 293-1542 to schedule a consultation.  

Residency Requirements for a New York Divorce

To file for divorcement in New York you need to meet the following requirements:

  • Either you or your spouse has lived in New York for at least 2 consecutive years prior to filing for divorce,
  • The cause of your divorce occurred in New York, and you and your spouse currently reside in the state, or
  • You or your spouse have lived in New York at least for one year before filing the divorce, given that you got married in the state and you have lived in the state as a married couple.

The purpose of these residency requirements is to establish that the cause of the divorce refers to specific actions such as adultery, and not the breakdown of the marriage.

If you have reached a satisfactory settlement, you and your spouse can proceed with an uncontested divorce. First, the couple will have to take care of the paperwork, including the settlement agreement and plans for the continuation of healthcare coverage with the County Clerk’s office. This is accomplished by purchasing an index number from the county clerk in your locality. This index number must be included in the Summons and Complaint which is the official filing for divorce.

The next step after the divorce is filed is to serve the spouse in writing. Assuming that the divorce is uncontested, it should not surprise anyone. However, the basic steps must be followed. This includes the formal delivery of divorce papers. The service must take place within 120 days from the date the divorce paperwork was filed with the court. Additionally, an independent party must sign an affidavit attesting that the service was performed in compliance with New York law.

After receiving the paperwork, the spouse who was served the divorce papers signs an acknowledgment of consent to divorce. This is the case in an uncontested divorce. If the spouse failed to answer 20 days after they were served, the divorce process will move forward. 

The next step will be putting the divorce on the judge’s calendar. This requires a lot of paperwork which must be submitted and notarized. This is why having a skilled lawyer is important. They may be able to help you ensure that the paperwork is filled out correctly.

For uncontested divorces, the only matter the judge will have to decide is whether the divorce is truly uncontested and was not done through coercion. The judge will also examine the fairness of the agreements to both parties. After the judgment, the divorce papers will be signed. The final divorce order will then be served to the non-initiating spouse.

Ending a marriage is always emotionally overwhelming, even in the friendliest of scenarios. But an amicable divorce is only one of the advantages of an uncontested divorce.

Other advantages include:

  • Uncontested divorces often open the door for more cooperative and peaceful communication.
  • A divorce that is not contested is less costly due to the absence of court costs and extensive legal fees.
  • Many aspects of contested divorces require court filings that become a matter of public record. With an uncontested divorce, there are few legal filings that the public has access to.
  • A divorce that is uncontested can reduce friction and animosity between a couple and enable them to work toward more amicable resolutions.
  • Without the conflict of contention and the court’s intervention, an uncontested divorce can offer a far quicker resolution.

New York Family Law Group’s team of skilled family lawyers understands the challenges families face while going through the process of divorce. It does not have to be complicated. Going through an uncontested way can help the couple be more amicable when it comes to key issues in the divorce process. We can help.

Call us today at (718) 293-1542 to schedule a consultation with an experienced family law attorney in New York.  

“We are focused on what matters to you, your family, and your future.”

Martin Mohr & Ethan Steward

Managing Partners of New York Family Law Group

How Do Grounds for a New York Divorce Work?

Until 2010, getting a divorce in New York required that one spouse had to prove grounds, or blame, to divorce the other spouse. As the last state in the nation to finally offer a no-fault option for divorce, the grounds of irretrievable breakdown of the marriage were added to the list of available grounds for a divorce in New York, becoming the seventh ground for divorce in the state.

While New York still requires grounds for a divorce, a couple filing for an uncontested divorce can use New York’s no-fault grounds of irretrievable breakdown of the marriage instead of the other fault-based grounds. This can remove the blame aspect from the divorce and set the stage for friendlier and more cooperative negotiation.

An average New York divorce process takes about 3 months in uncontested cases and around 9 months in contested ones. If there are many issues involved in the divorce, it can be difficult to predict how long your divorce process will take.

A divorce proceeding’s length can be affected by many factors including children and property division issues. Complex divorce paperwork combined with the fact that the judge will have to go through it to verify compliance and the best interests of the kids can also increase the amount of time needed to finalize the divorce. The court’s schedule may also have an impact on the length of time it takes to complete the divorce process. 

The judge will have to decide on key issues surrounding the divorce if both spouses are not able to work together. This situation can be more time-consuming and the couple will have to pay more for court appearances and for hiring a lawyer who may be able to help them prepare the documents. 

If assets such as a retirement benefit or a real estate investment are in dispute, it can be common to request an appraisal. This process can also be a factor in determining how long the divorce process is going to take. 

In an uncontested divorce, the divorcing couple must agree on how they will divide their marital property. Marital property in New York is defined as the property and debt that was acquired by either or both parties during the time they were married. Anything that either spouse brought into the marriage acquired before is considered separate property.

Marital property can include:

  • Property and other assets purchased during the time the couple was married
  • Any appreciation of separate property during the time the couple was married
  • Income earned by either spouse during the marriage
  • Any investments made using either spouse’s income during the marriage
  • Retirement benefits of either spouse that were earned during the marriage
  • The couple’s business interests

The courts recognize equitable distribution in New York and will divide marital property in a way they see as fair given a set of factors. But in a divorce that is uncontested, a couple can decide for themselves what they consider a fair division of their property.

To divide marital property fairly, may involve understanding what each spouse has contributed, what they will need going forward, and a valuation of the property to ensure equitability. Having the assistance of a New York attorney can help you understand what your needs and those of your family will be going forward to enable you to come to a fair agreement about marital property division in an uncontested divorce.

At New York Family Law Group, our team of lawyers for an uncontested divorce is ready to provide the legal support and representation you may need.

Contact us at (718) 293-1542 to schedule a consultation.  

When minor children are involved in a divorce that is uncontested, the court will take a closer look to ensure that the best interests of the children have been considered and protected. A divorcing couple with minor children must come to an agreement concerning child custody and visitation that will be best for the children.

Custody involves legal and physical custody of the children. Legal custody is the parent who will have the authority to make decisions regarding the children’s educational, medical, and religious upbringing. Physical custody is where the children will physically live. A parenting plan must be developed by the couple offering both parents ample and fair time with their children. While some divorcing parents choose to allow for “reasonable visitation” for the non-custodial spouse, it may result in misunderstandings and future arguments. The more concise the plan, the more enforceable it will be should the need ever occur.

At New York Family Law Group, our uncontested divorce lawyers work closely with divorcing parents to craft the most comprehensive and legally enforceable custody agreement and parenting plan that works for the parents but leaves less room for misinterpretation.

To schedule a consultation with an experienced attorney, call us at (718) 293-1542

Although it is difficult to predict what might “increase” the chances of you getting a bigger custody arrangement, these things may raise the chances of you getting a fair and reasonable custody agreement:

  • A stable job 
  • Comfortable living space with bedrooms for the children
  • Being able to demonstrate that you have been in a close and loving relationship with your children and that you cared for and nurtured them.
  • You have no past or current problems with substance abuse, or promiscuous behavior that could indicate your child’s safety if they are left alone.

These are just a few things that may help you get a more favorable custody arrangement. It is not always true that if your spouse has more income or lives in a better home, they will get more time with the children. These things should not be used as a way to convince the children that spending more time with one parent is in their best interest.Child custody is one of the most important matters in a divorce case. The court will always consider the child’s welfare and best interests when deciding the best custody arrangement for you and your children. It is important to speak with an experienced NY divorce attorney when dealing with these matters. Contact us today to speak with a skilled lawyer for a divorce.

Child support is the financial obligation that one parent has toward the other toward their children’s support. This is traditionally paid by the noncustodial parent to the custodial parent to help pay for everyday costs such as shelter, food, clothing, education, health insurance, and other living expenses.

The Child Support Standards Act was implemented to ensure that both parents are fairly contributing to the children’s financial support and mandate specific guidelines. If both parents choose to develop their support conditions, they may opt-out of the required guidelines for child support using a stipulation that sets out their terms and conditions of support for their children.

Both parents can petition the Family Court for a modification. The custodial parent may request an increase in the amount of support or the non-custodial parent may request a decrease. The petitioner must demonstrate 2 things in either situation. The petitioner must first show that there has been a significant change of circumstances. They must also show that there has been at least a 15% change in each parent’s income, or that three years have passed since the order was issued.

According to the court, for there to be a significant change of circumstances, the petitioner must prove that the child support agreement was unfairly made. Often, consulting an experienced New York lawyer in child support modification will tell you that the petitioner has to not only allege the grounds for the modification, but also the evidence supporting it.

You can also request a child support modification if either of the parent’s income has changed by 15%. A court typically will not allow a modification to child support until at least three years have passed since the original order. However, a 15% income change is an exception.

A loss of work is one of the most common reasons noncustodial parents file a petition for a modification to the child’s custody. This is an acceptable reason but there are some caveats. It must not be the petitioner’s fault that they have lost their job, and they must also make an effort to find new employment. The court won’t modify child support if these conditions are not met. It will instead impute income to the petitioner, and they will continue to pay that amount. Parents cannot avoid financial support for their children by leaving their job or refusing work, as the court won’t allow them to.

It is important to seek the help of a New York lawyer for divorce when dealing with matters surrounding child support and child custody. A skilled attorney for divorce may be able to work with you and help you ensure that you will get a favorable result in your case.

Contact New York Family Law Group today at (718) 293-1542 to schedule a consultation with our top-rated lawyers for divorce in New York.  

What Happens if Both Spouses in the Divorce Can’t Come to an Agreement?

Just because a divorce begins as an uncontested divorce doesn’t mean that a couple may not come to roadblocks where they can’t find mutual agreement on a  matter. If these matters cannot be negotiated and resolved, the divorce will become contested and then must be litigated before the court to resolve any outstanding issues.

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Getting the Assistance of an Experienced Uncontested Divorce Attorney

No matter how friendly a divorce may be, navigating it can still be complicated, and issues often arise. An uncontested divorce requires that both parties agree to and sign a formal written agreement. At any point up until this time, communication can break down, and emotions surface. Most often, a final agreement will not be reached until there has been significant negotiation between parties.

Having the representation of a skilled New York uncontested divorce lawyer ensures that your legal rights and needs are being considered while furthering the most cooperative negotiations possible to meet those needs. At New York Family Law Group, we are an experienced team of uncontested divorce lawyers who will protect your rights and the interests of your children each step of the way. For over 30 years, we have helped families like yours navigate divorce and other family law issues. Let us put our experience to work for you.

Call us at (718) 293-1542 or contact us via our website contact form. 

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