Uncontested Divorce Attorney for Suffolk, Nassau, and NYC
Uncontested Divorce Attorney Serving Nassau and Suffolk
Uncontested Divorce Lawyer in Commack Long Island
If you and your spouse have mutually agreed to a divorce and have worked out all terms then you qualify for an uncontested divorce. Our Suffolk County divorce lawyer can help. 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, a contested divorce with an inquest may be better for you.
An uncontested divorce is the most common type of divorce. It requires an agreement on every single issue.
- Both parties must agree on the grounds
- Both parties must agree on the division of property
- Both parties must agree on spousal maintenance
- Both parties must agree on custody and parenting time
- Both parties must agree on child support
A written agreement is not mandatory in every uncontested divorce, but it is needed when there is some future obligation between the parties after the judgment. Likewise, an agreement can also be used to show there was informed consent when there is a waiver of financial obligations to prevent a later challenge of an oversight or fraud.
Services Offered
- Uncontested Divorce With No Children. We prepare all papers necessary for a "bare bones" divorce which simply dissolves the marriage. When both parties agree and do not contest any aspect of a childless marriage, a "bare bones" divorce is often all that's needed. An attorney is not required, and all the forms and instructions are available for free at the Uncontested Divorce Forms Page of the New York Unified Court System website.
- Uncontested Divorce With Children. We prepare all papers plus the child support worksheets which are required when there is no separate agreement.
- Uncontested Divorce With an Agreement. We prepare the underlying divorce agreement and the divorce package itself. If the divorce is filed before an agreement is reached, it is not an uncontested divorce.
Why Choose The Law Office of J. Douglas Barics
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?
Contact us online or at (631) 864-2600.
Frequently Asked Questions 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.
For More Information, See Our Divorce Articles
For more information about uncontested divorces, please review our divorce articles.
- Grounds for Divorce in New York
- Residency Requirements for a New York Divorce
- Matrimonial Agreements
- Child Support in New York
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.