Uncontested Divorces In New York
Law Office of Betty Huang’s P.C experienced New York Uncontested Divorce Attorneys, can represent you in filing an uncontested divorce within the five (5) boroughs in New York City. We have years of experience in obtaining successful uncontested divorces, including “irretrievable breakdown” based divorces for many clients. Please contact us today at (646) 768-4190 or email us at firstname.lastname@example.org for a consultation.
To learn more about uncontested divorces in New York, please read the frequently asked questions:
What is an uncontested divorce?
An uncontested divorce is one where you and your spouse can agree on the terms of the divorce without fighting over the issues in front of a judge in court. If you and your spouse have agreed on the terms of the divorce outside of court, we can help you prepare and file all the required documentation to commence and finalize a divorce action for you in an efficient manner at modest costs. In most cases, neither you nor your spouse will ever have to see a judge.
Am I eligible to file a divorce in New York?
According to the New York Domestic Relations Law §230, in order to file for a divorce in New York, you must fit into one (1) of the three (3) following criteria:
- Either you OR your spouse has lived in the state for at least two years immediately leading up to the date you file for divorce OR
- Either you OR your spouse has lived in New York for at least one year immediately leading up to the date you file for divorce AND:
-your marriage took place in New York, or
-you and your spouse lived in New York during your marriage, or
-the cause for the “grounds” for the divorce occurred in New York OR
- Both you and your spouse live in New York at the time you file for divorce and the cause for the divorce occurred in New York.
What are the grounds for divorce in New York?
In order to file for divorce in New York, you must file your divorce based on a legally acceptable reason, or “ground.” According to New York Domestic Relations Law § 170, there are six (6) grounds for divorce:
Divorce after separation
You and your spouse must either have a separation agreement or a court ordered-judicial separation. You also must live separate and apart for one (1) year after the agreement or judicial order before you can be divorced.
Cruel and Inhuman Treatment
You were subject to physical, verbal or emotional abuse at the hands of your spouse that endangers your physical or mental well-being to the point that it is “unsafe or improper” for you to live with your abusive spouse. It is required that you are able to detail specific instances of cruelty or inhuman treatment that occurred in the last five (5) years.
To file for a divorce based on abandonment, your spouse must have abandoned you for a period of one (1) or more years. Some examples of abandonment include your spouse physically moving out of the home you shared with him/her or locking you out of the home so that you cannot re-enter. Also, if your spouse has refused to engage in sexual relations with you for at least one (1) year, this can also qualify as “constructive abandonment.”
Three (3) Consecutive Years Imprisonment
If your spouse has been in jail for three (3) or more years in a row after you married, you can use this ground as a basis for divorce. Once your spouse has been in jail for three (3) years in a row, you can file for divorce:
- while your spouse is still in jail OR
- up to five years after s/he is released.
In order to file for divorce based on adultery, you must be able to show that your spouse committed adultery during the marriage. This is difficult to prove since you need evidence from a third party (i.e. someone besides you or your spouse).
The relationship between you and your have broken down irretrievably for at least 6 months. This is the no-fault divorce ground that was recently passed by Governor Patterson of New York in 2010.
What is “Irretrievable Breakdown”?
Irretrievable Breakdown is New York’s no-fault cause of action for divorce. Known as Irreconcilable Differences in many states, New York law states that in order to satisfy the grounds for Irretrievable Breakdown one party must swear under oath that the relationship has broken down irretrievably for at least 6 months. In addition, any property, alimony, custody and child support matters must be resolved between the parties before one can file for divorce based on irretrievable breakdown. While not defined by New York law Irretrievable Breakdown is defined as a “persistent and unresolvable disagreements between spouses, leading to the breakdown of the marriage” by Black’s Law Dictionary.
One benefit of the Irretrievable Breakdown grounds for divorce is that it expands and covers gaps in the Abandonment grounds. Under Abandonment, a plaintiff who leaves their spouse cannot later file for divorce based on abandonment, regardless of the circumstances they left under. Similarly, a plaintiff who demands that his or her spouse leave the marital home also had no recourse prior to the Irretrievable Breakdown law, regardless of their reason for asking their spouse to leave. Under the new law, a plaintiff who leaves their spouse or demands that their spouse move out may file for divorce if they swear under oath to the breakdown of their marriage. Furthermore, irretrievable breakdown recognizes a 6 month separation period as proof of the breakdown rather than Abandonment’s one year requirement, shortening the time in which people can extract themselves from broken marriages.
What if I already started a divorce or if I was served with papers from my spouse?
If you already started a divorce or if your spouse served you papers, we can still assist you with the divorce process.
The Law Office of Betty Huang P.C. experienced New York Divorce Attorneys are here to guide you through your divorce. Please do not hesitate to call us at (646) 768-4190 or email us at email@example.com for a consultation.