Prior to 2010, New York only had “fault-based” grounds for divorce, like adultery or cruelty. In 2010, the law was changed to allow for the “no-fault” ground of irretrievable breakdown of the marriage for at least six months before filing for divorce. “Irretrievable breakdown of the marriage” means that you and your spouse no longer want to be married and it’s not likely that you and your spouse will get back together. Irretrievable breakdown is the most common ground agreed upon to obtain an uncontested divorce in New York. In New York, a divorce is also considered uncontested when you file for divorce and your spouse fails to appear in the divorce proceeding.
The benefits to uncontested divorce in New York are many. Because you and your spouse have already agreed on everything, there is no need for a trial. Since there’s no trial, there’s no need to “air your dirty laundry” in public, the process is much quicker and doesn’t cost nearly as much as a contested divorce.You also don’t necessarily need a lawyer to get an uncontested divorce in New York. However, lawyers can assist spouses in coming to agreement on the issues, making sure paperwork is completed correctly, and filing the paperwork in a timely manner.
In New York, you can file for an uncontested divorce when you and your spouse agree about the following:
To able to file for divorce in New York, you also have to satisfy the “residency requirements” of the law. This means that either:
Even though an uncontested divorce in New York is quicker than a contested divorce, it is still a long and sometimes complicated process with a lot of paperwork.