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The Meaning Of Uncontested Divorce

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" Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

" Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

" Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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The Meaning Of Uncontested Divorce

In every divorce, the pertinent issues touch on four crucial issues. These issues are the division of property, child custody, child support and alimony. Uncontested divorce means that the divorcing couples have agreed on the major issues surrounding the divorce. The best part about uncontested divorce is that if the divorcing spouses reach an agreement, they will file their paperwork without the necessity of court appearances. Once the required period set by the state law elapses, the divorce will be considered final. However, uncontested divorces are dissimilar. Additionally, some uncontested divorces do not run smoothly. Normally, when you and your spouse do not have minor children, no tangible properties and have few assets, uncontested divorce becomes simple. Uncontested divorce may be effective for self-supporting spouses.

Uncontested Divorce Requires Negotiation

Divorcing couples having minor disagreements in a given area or two may be able to avoid the costly contested divorce in courts. However, they will be required to negotiate with each other until such a time when they will reach a complete agreement. If they can communicate effectively, the couples can negotiate directly. If you and your spouse are not feasible, you may choose to enlist the services of a mediator to help in ferreting out the disagreements. It is also possible to seek the services of attorneys. However, this option will only increase the cost of divorce.

Requirements for an Uncontested Divorce in NYC

You are ready to file for an uncontested divorce when you and your spouse agree on the following:

  1. to get divorced
  2. the grounds for the divorce
  3. how to distribute any marital property and debt
  4. who will have custody of the children and parenting time for the other parent
  5. whether the non-custodial parent will make child support payments and how much, and
  6. whether either spouse will pay spousal maintenance (aka alimony.)

To file for divorce in New York, you are also required to satisfy the “residency requirements” of the law.   This means that either:

  • you or your spouse has resided in New York for at least two consecutive years immediately before filing for divorce, or
  • you or your spouse has resided in New York for at least 12 consecutive months immediately before filing for divorce and
  • you were married in New York, or
  • you resided in New York as a married couple, or
  • the grounds for your divorce took place in New York. (N.Y. Dom. Rel. § 230.)

Jointly Filing for Divorce

If couples are having complex situations, they may carry on without attorneys. Nevertheless, they will need to trade cautiously as one or both parties may give up substantial legal rights. It is important that one understands what the laws in his or her jurisdiction states about divorce. In some states, divorcing couples are allowed to file their paperwork jointly. In different states, it is usual for divorcing couples to acknowledge the terms of divorce and have one spouse enlist attorney’s services to lead in the preparation of the paperwork. In this situation, the attorney can represent only one party and leave the other party that is not represented at a great legal disadvantage. Before the divorce is finalized, it is always advisable that the divorcing couples hire an attorney to go through the paperwork.

Uncontested Divorce: The Benefits

One of the benefits of uncontested divorce is savings in terms of divorce cost. One can complete an uncontested divorce by paying the court filing fees, which is usually a few hundred dollars. Even when the divorce couple has used the services of an attorney to prepare and review the paperwork or aid in negotiations, the fees remain low. The fees will be low provided the couples reach an agreement without undertaking court proceedings. Through uncontested divorce, you and your spouse will stay out of courts. In addition, minimizing conflicts can aid in speeding up the recovery time. Couples having complex situations and regular disagreements may not find uncontested divorce to be of much help.

Uncontested Divorce: Out of Court Arbitration

Even though uncontested divorce may not be a solution to different divorcing couples, it is always imperative that before opting for contested divorce that a couple considers out of court arbitration. Protracted litigation is expensive and adversarial. It is for this reason that limiting litigation is always important in conserving assets and reducing conflicts.

Uncontested divorce lowers the conflicts between the divorcing spouses by having fewer opportunities that can cause conflicts to arise. Information made in a divorce proceeding is open to the public unless it was filed under seal, which is rare. Through uncontested divorce, less information is filed with the court. This way, less information will go to public records. As such, divorcing spouses may opt for uncontested divorce given that they will minimize the private information to be made public. The issues involved in any divorce are many. They range from who will support the child to how the property shall be divided. To this end, an experienced divorce attorney can be of much help to you. The attorney will find a cost-effective path to complete the divorce besides guarantying you better results.

An Overview of The Uncontested Divorce Process in NYC

Even though an uncontested divorce in New York is more expedient than a contested divorce, it is still a long and often complex process with a lot of paperwork. On the bright side, all of the necessary forms are available online from the New York State courts with step-by-step instructions.

Completing the Necessary Divorce Paperwork

You will need to complete the following forms and documents to secure your uncontested divorce:

  • Notice of Automatic Orders
  • Notice Concerning Continuation of Health Care Coverage
  • Summons With Notice (Form UD-1 or UD-1a)
  • Verified Complaint (Form UD-2)
  • Affirmation of Regularity (Form UD-5)
  • Affidavit of Plaintiff (Form UD-6)
  • Affidavit of Defendant (Form UD-7)
  • Affidavit of Service (Form UD-3)
  • Sworn Statement of Removal of Barriers to Remarriage (Form UD-4) and Affidavit of Service (Form UD-4a)
  • Qualified Medical Child Support Order (“QMCSO”) (Form UD-8b)
  • Note of Issue (Form UD-9)
  • Child Support Worksheet (Form UD-8)
  • Support Collection Unit Information Sheet (Form UD-8a)
  • UCS-111 (USC Divorce and Child Support Summary Form)
  • Findings of Fact/Conclusions of Law (Form UD-10)
  • The judgment of Divorce (Form UD-11)
  • Part 130 Certification (Form UD-12)
  • Request for Judicial Intervention (“RJI”) (Form UD-13)
  • Notice of Entry (Form UD-14)
  • Certificate of Dissolution of Marriage
  • Self-Addressed and Stamped Postcard

The first step in the uncontested divorce process in New York is to prepare the Summons With Notice or Summons and Verified Complaint.  Make two copies of the summons. Then, take it to the County Clerk’s Office where you can pay for an “index number,”.  This is the file number that gets assigned to your divorce.  It goes on the Summons With Notice or the  Summons and Verified Complaint before filing it with the Clerk.

Although litigation is unnecessary in an uncontested divorce, the help of a well informed attorney could help relieve some of the stress of the process.

Based on 362 reviews.
Charle Butler
Charle Butler
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!



Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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