Divorce does not have to be a long drawn out process. If you and your spouse can agree on all of the issues that need to be resolved in your divorce, you can file for an uncontested divorce.
An uncontested divorce is the simplest and most inexpensive way to dissolve your marriage in New York State providing both parties are in agreement to all terms of the divorce. Terms include custody, child support, distribution of marital assets, etc. You should always seek the advice of an Attorney to understand your rights before trying to negotiate important divorce issues.
Once an Attorney is retained this Attorney can only represent one party. Most likely the Attorney will enter into a retainer agreement with the original party that he made contact with. The Attorney will then work with that party (client) and draft a proposed agreement, the Attorney will also draft additional documents required by law and that the other party will have to execute in order to avoid going to court.
After the documents have been drafted the client will deliver them to the other party for review. The other party can obtain his/her own Attorney to review the documents. Once an agreement has been reached by both parties they will then execute the divorce agreement and other necessary documents.
Once all of the documents have been prepared and signed they will be submitted to the court.
Frequently Asked Questions
What are the advantages to Uncontested Divorce?
- No Court
- Less expensive
- Tends to be amicable because parties are reaching an agreement without the need for litigation.
What is the cost?
Minimum Costs: $430.00 (Index Number, RJI, Note of Issue, Dissolution, Certified Copies, Process Server).
The attorney fee will range from $795.00 to $2000.00 depending on the circumstances.
Note: Beware of attorney's advertising $350.00 or less flat fee divorces. They do not include court or filing fees and are often from firms that sell in volume, leaving little time for your case.
What is the time frame?
It can usually take anywhere from 7 to 12 weeks if there are no complications or delays.