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Your Guide To Filing For Uncontested Divorce In Long Island
Divorce does not have to be a brutal or drawn-out process. If everyone can agree on the terms, you can sign an uncontested divorce and spare yourself and your family the worst. This article provides a step-by-step guide for how to get an uncontested divorce in Long Island, New York, including:
- The fees and documents required to get an uncontested divorce.
- How property division is handled during an uncontested New York divorce.
- Why you should never sign a divorce agreement without at least consulting an attorney.
Do Both Spouses Need To Agree On All Terms Before Filing An Uncontested Divorce In Long Island?
Yes, in order to file an uncontested divorce, all terms of the agreement need to be agreed on and signed. Once the divorce is signed and filed, it is too late to change your mind and get something changed without extreme effort.
What Fees Are Associated With Filing For An Uncontested Divorce In New York?
One of the key benefits of filing for an uncontested divorce is minimizing your costs. In Long Island, the court fees for filing are generally around $400.
However, it’s still advisable to hire an attorney to review and confirm your agreement. Legal fees for an uncontested divorce can vary depending on factors like whether you have children, significant assets, or both to consider.
At our firm, we offer flat fees, typically ranging from $2,000 to $3,000, depending on the complexity of your situation.
What Documents Do I Need To Gather Before Filing For An Uncontested Divorce?
Even for an uncontested divorce, you’ll need to gather relevant financial documents. If you own a home, for instance, you may need to provide a copy of the deed and a recent mortgage statement. Additionally, if you have children, you’ll likely need to submit recent tax returns and W-2 forms.
Will We Need To Appear In Court For An Uncontested Divorce In New York?
In some New York counties, you may be required to make a brief court appearance to finalize your divorce. However, in Nassau County and Suffolk County on Long Island, this is generally not necessary.
How Does New York Handle Property Division In An Uncontested Divorce?
In an uncontested divorce, you and your spouse determine how to divide property and assets together. For example, if you own a home, you might agree to sell it and split the proceeds.
As long as you both agree on the terms, the court will accept your division plan. This flexibility is one of the main advantages—and constraints—of an uncontested divorce.
By agreeing on the key issues ahead of time, you can avoid prolonged disputes and additional costs.
If Our Divorce Is Uncontested, Do We Need To Hire A Lawyer?
While there is no legal requirement in Long Island—or anywhere in New York—to hire an attorney for an uncontested divorce, consulting one is highly recommended.
Many people try to handle the process on their own and end up making costly mistakes. By the time they reach out to an attorney, they’ve often created a bigger problem that requires more time and money to fix. The attorney then has to correct those errors and complete the work that could have been done properly from the start.
To avoid these unnecessary complications, it’s a good idea to at least have an attorney review your agreement. You do have the right to represent yourself, but doing so carries the risk of overlooking important details. If that happens, we’re here to help—but it’s far easier and more cost-effective to get things right the first time with professional guidance.
Why Is Transparency With Your Lawyer So Important In Any Divorce?
Transparency with your lawyer is crucial, especially in divorce cases. In one of my early cases, a client withheld important information, which was only revealed late in the process. While I was able to recover and manage the situation, it made the case far more complicated than it needed to be. If I had known everything from the start, it would have been much smoother.
This experience underscores the importance of being completely open with your attorney from day one. Even if certain details feel uncomfortable or negative, sharing them early allows your lawyer to prepare and address potential issues head-on. Full transparency ensures that your lawyer can protect your interests effectively without any unnecessary surprises down the line.
How Easy Is It To Get An Uncontested Divorce?
Many people assume they have an uncontested divorce when they first contact an attorney, thinking everything will be straightforward. However, when we start asking even basic questions, they often realize that their situation is more complicated than they thought.
An uncontested divorce truly exists when both parties agree on all issues—no disputes over children, assets, debts, or anything else. This is most common when there are no children involved or the children are over 21, and there are few significant assets or debts to divide. For example, if you’re both ready to sell your home and split the proceeds, that’s the kind of scenario where an uncontested divorce works well.
The key point to understand is that “uncontested” means there are no unresolved issues or conflicts. Everything needs to be settled before reaching the attorney stage; otherwise, the divorce may not be as uncontested as you initially believed.
Still Have Questions About Uncontested Divorces In Long Island, New York?
For more information on Filing For Uncontested Divorce In Long Island, an initial consultation is your best option. Get the information and legal answers you are seeking by calling (631) 430-4445 today.
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