Uncontested Divorce

Uncontested Divorce Attorney on Long Island

By J. Douglas Barics

If you and your spouse have mutually agreed to a divorce and have worked out all terms then you qualify for an uncontested divorce. Depending on your specific circumstances, you may need a stipulation of settlement, but if your circumstances are fairly simple and straightforward a bare bones uncontested divorce might be better.

If your spouse won't cooperate but does not contest the divorce or anything about it, you can still seek an uncontested divorce, but if you need the court to order something, an inquest may be better for you.

At the Law Office of J. Douglas Barics, we have over 25 years of experience in uncontested divorces and are well equipped to process your uncontested divorce quickly and accurately.

Do you need representation in an uncontested divorce?

Uncontested Divorce in New York

What you need to know about an uncontested divorce

What is an uncontested divorce?

An uncontested divorce is when the parties are not in dispute on any portion of the divorce, and no challenges exist to the grounds, custody, child support, maintenance or equitable distribution.

What are the requirements for an uncontested divorce?

The requirements for an uncontested divorce are the following:

Your spouse must not oppose the divorce
You must meet the residency requirements
You must meet one of the seven grounds for a divorce
Your spouse must not oppose any of the ancillary issues you are requesting

What are the steps for an uncontested divorce?

The steps for an uncontested divorce are as follows:

File the summons with notice with the county clerk.
Have your spouse sign the defendant's affirmation.
File the stipulation of settlement, if any.
Wait for the judge to sign the judgment
Serve your spouse with a copy of the signed judgment.

What is a no fault divorce?

A no fault divorce is a reference to the grounds for the divorce alone, and not any of the ancillary issues. Every divorce must assert and prove one or more of the seven grounds to a divorce under Domestic Relations Law 170.

What is the difference between an uncontested divorce and a no fault divorce?

An uncontested divorce is when there is not a single issue in dispute, including grounds. A no fault divorce is simply one of the seven grounds for divorce.

Is an attorney required for an uncontested divorce?

An attorney is not required for an uncontested divorce. The forms for them can be downloaded at the Divorce Forms link at the Unified Court System Homepage, or the Do it Yourself Program, both free of charge.

Do I need to go to court for an uncontested divorce?

There is no court appearance for an uncontested divorce. If you need to go to court for any reason, your divorce is contested.

Do I need a stipulation of settlement for an uncontested divorce?

A stipulation of settlement is not required for every uncontested divorce, but it may be necessary for specific couples depending on their specific circumstances.

Does my spouse need to agree to an uncontested divorce?

Your spouse does not need to agree to an uncontested divorce. If they decline to sign a consent and are served, they have a right to challenge the divorce. If they do not, then an uncontested divorce is possible since there is no challenge. However, if relief is needed on any issue, an inquest may be the appropriate option.

Is a default divorce the same thing as an uncontested divorce?

A divorce on default is when your spouse is served with the divorce summons but takes no action. You have an option to proceed with an uncontested divorce since they are not challenging anything or you can proceed to an inquest, which is a one sided trial where you are the only one who presents evidence.

Contact Our Uncontested Divorce Attorney Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any uncontested divorce, with or without the need for a stipulation of settlement. With over 25 years of experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled matrimonial lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.

For a free phone case consultation or to schedule an office meeting, call 631-864-2600.

Overview

Matrimonial actions are defined by statute; the most common being divorce, annulment, and a declaration of a void marriage. For every matrimonial action all ancillary relief is available.

Uncontested Divorce

If all issues are resolved, or if there are no issues in dispute an uncontested divorce means that no court appearance is necessary as everything can be done on papers.

Divorce

Divorce is the most common matrimonial action. Grounds are no longer the primary focus, the emphasis is resolving the financial matters and custody.

Annulments

An annulment is a matrimonial action seeking to declare a valid marriage void. All ancillary relief is available. All annulment grounds are fault based, and require a higher level of proof to establish.

Void Marriages

Void marriages are those which are void from inception. An action requesting a declaratory judgment is a matrimonial action and all ancillary relief is available.

Equitable Distribution

Equitable distribution authorizes the matrimonial court to award all marital property to either spouse, without regard to title.

Maintenance

Maintenance is the support payments from one spouse to another. Since 2016 the amount is determined by a formula.

Child Support

Parents have an obligation to support their children, and the parent with residential custody will be awarded child support. The amount of support is determined by a formula.

Custody

When parents cannot decide where their children shall live and how to make decisions involving them, the court will decide custody based on the bests interests of the child.

Counsel Fees

Awards of counsel fees to the non monied spouse is available in all matrimonial actions. Awards can be made during the case and at the conclusion.

Expert Fees

Awards of expert fees to the non monied spouse is available in all matrimonial actions.

Exclusive Occupancy

The court is authorized to award exclusive occupancy to one party, giving them exclusive use and possession of a home for a set period of time during or after a matrimonial action.

Pendente Lite Motions

Pendente lite motions used when a spouse in a matrimonial action needs needs immediate court assistance on something that cannot wait until trial or a final settlement.

Same Sex Divorce

Same sex divorces present unique issues such as when the couple got married before it was recognized by law, or when couples used work arounds for their marital property.

Modification of Child Support

Child support may be modified based on a change of income, a change of circumstances, or if three years have passed since the last modification. COLA adjustments to child support orders can also be obtained.

Modification of Maintenance

Maintenance is subject to modification or early termination but the circumstances when these can occur are less common than in the past.

High Net Worth Divorce

High net worth divorces often involve non typical financial holdings that require special care in determining their disposition.

Marital Agreements

Marital agreements are contractual agreements between future, existing, or prior spouses who decide to resolve their own issues instead of letting a court decide for them.

Complex Challenges

Complex challenges in matrimonial actions can range from complex financial issues, inter-state or international issues, or procedural issues which deprived one spouse from their day in court.

Matrimonial Appeals

Matrimonial appeals requires a combination of matrimonial law and appellate law. A lack of understanding of either can prove fatal in an appeal.