A 4-Step Guide to Filing an Uncontested Divorce in Long Island, NY

In 2010, New York decided to adopt no-fault divorce, making it the last state to do so. This legislation allows couples to separate by mutual consent, which means one party doesn’t have to prove that the other is responsible for ruining their marriage.  A no-fault divorce expedites the process and gives couples the chance to part on good terms.

If you and your spouse are going through a similar ordeal, you should know the proper process of filing a mutual or uncontested divorce in Long Island or any city in New York.

Check if you meet NY’s residency requirements

You have to be a New York resident for at least two years if your spouse is living in a different state when you filed the divorce. The requirement is reduced to one year if you and your spouse are still living in the state at the time of filing. The one-year imposition is also possible if the marriage took place in New York and one of you is still a resident of the state; or the cause of action occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action.

There is no minimum residency requirement if you and your spouse are both still New York residents and the grounds arose in the state.

Determine your grounds for divorce

The following are possible grounds for an uncontested divorce:

• Irretrievable Breakdown of a Relationship (No-fault): This means that your relationship with your spouse is irreparable, so you two are deciding to end it. In this situation, no one is to blame for the failure of the marriage. You need a sworn oath from either you or your spouse saying that the relationship has irretrievably broken down for a minimum of six months. Also, you and your spouse must resolve all the economic issues of property distribution, child support, custody and visitation, alimony, and other fees so you can file for a no-fault divorce.
• Judgment of Separation: You can go forward with a full uncontested divorce from a judgment of separation. This means that the court ordered your separation with your spouse, you two are legally separated, but the law still recognizes your marriage. You must have been living separate and apart for at least a year before you can file for divorce.
• Separation Agreement: You can use this ground for an uncontested divorce if you and your spouse have been living separate and apart for at least a year, and you have a written and voluntarily signed a separation agreement.

File the divorce papers in the County Clerk’s Office

File all the documents you need for an uncontested divorce at the state or county court. Our office can help prepare the documents necessary to file for an uncontested divorce as they can be cumbersome and difficult to understand. The best way to approach the situation is to seek legal support.

Personalized Legal Representation

The Law Offices of Ian S. Mednick in Long Island can help you navigate the divorce proceedings and fight for the relief you seek in terms of ancillary issues.

Contact us at 631-780-7080 for a free consultation.