In New York, an uncontested divorce may be an option for couples if they are able to work out all issues between themselves prior to submitting papers to the court for approval. When the defendant does not answer the legal pleadings after being served, the plaintiff in the divorce may seek a default judgment though application to the court. In the case where a Summons with Notice commences the divorce, a default judgment can be sought by the plaintiff by filing an affidavit or testimony at an inquest if the divorce is uncontested. The divorce may then be granted by default. If the defendant appears and waives the right to respond to the complaint, an uncontested divorce may also be granted. The defendant in these cases does not have to admit or deny the plaintiffs allegations and the plaintiff merely has to prove the allegations by affidavit or testimony.
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Until 2010 the only grounds for divorce in New York were fault based, but, with the new legislation entitled the No Fault Divorce Bill signed into law in July of 2010, a divorce can be granted by mutual consent through a separation agreement. If the two parties in the agreement remain living apart for a period of one year the court may grant a divorce with nether party having to prove grounds or admit or deny anything.
A New York uncontested divorce and even a no fault divorce is still a legally binding agreement and it is important to have an experienced New York divorce attorney handle the procedure. They will be familiar with filing the papers, taking statements and seeing the whole procedure through to completion.
At the Law Offices of Boris Nikhman PC we are highly experienced in handling uncontested divorces and can make the whole procedure stress free and as easy as possible. Do not buy one of these divorce kits that you see advertised by a certain retired celebrity lawyer on TV. You do not have time to learn the legal maze or do the legwork. We have the staff and the resources to make the process move quickly and smoothly. We are here to work for you, why not let us do it?