What is an uncontested divorce? An uncontested divorce means that both parties agree on the following:

  • Agree to get divorced
  • Agree on all the issues of the divorce – without any exceptions. This means they agree on: (i) Child Custody (if there are children); (ii) Child Support; (iii) Equitable Distribution (splitting marital assets); (iv) Spousal Maintenance (alimony) and (v) payment or non-payment of attorney’s fees.

If you and your spouse agree on all of the above — without any disagreements, then you can take advantage of an uncontested divorce.

Typically, uncontested divorces are best suited for married couples who either have no children or their children are over the age of 21. Yet, even in those situations, in order to take advantage of an uncontested divorce, you must agree on everything, including the splitting of any marital assets and whether or not there is going to be spousal maintenance (alimony).

If you have no children, no assets and there is not going to be any alimony, then you may not need a divorce agreement. In those situations, all that will be required is to submit the necessary documents with the court. However, it is important to make sure that you complete the documents correctly, otherwise the court will reject them. This is why many people will still hire an attorney to complete and file the documents, as an experienced divorce attorney will make sure the documents are correct.

If you have children, assets or there is going to be alimony, then most likely you will need a divorce agreement. It is best to hire an attorney to draft the divorce agreement, otherwise, the agreement may not be valid.

Once an attorney submits the necessary documents, you and your spouse will most likely not need to go to Court.

Once the documents are submitted, they will be reviewed by the matrimonial clerk of the Court.  If the documents are in order, they will then be submitted to one of the matrimonial Judges for his/her approval. Typically, the Judge will also review the documents for correctness.

Depending on which county you live in, it can take anywhere from 3 to 9 months from the time your documents are submitted until your divorce is final and signed by the Judge.

David P. Badanes, Esq., a top-rated divorce attorney on Long Island, has assisted many married couples in obtaining an uncontested divorce.  They have the knowledge and experience to make sure that all the necessary documents are submitted and that your uncontested divorce will go as quick as possible. Call David Badanes and the Badanes Law Office today at 631-239-1702 or email us at: david@dbnylaw.com. The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.

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