Uncontested Divorce

Marriage is a civil contract. The state has an interest in preserving marriages, therefore in order to obtain a divorce in New York, you have to meet some legal requirements:

  1. Residency – 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, or 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
  • Abandonment
  • Confinement in prison for 3 or more consecutive years
  • Adultery
  • Living separate and apart pursuant to a separation judgment or decree
  • Living separate and apart pursuant to a separation agreement, and
  • Irretrievable breakdown in the relationship for a period at least 6 months, mostly commonly used ground

An uncontested divorce occurs when there are no disagreements between you and your spouse over the child custody and support, division of marital property or spousal support.

You may start the action for divorce thinking that your spouse will not contest but later find out that you don’t agree with them on important issues.

If you have any question regarding a divorce matter, call our office to schedule a consultation.