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NY Uncontested Divorce / No Fault Divorce Eligibility


Are you Eligible to file for an Uncontested Divorce or No Fault Divorce in NY?

In order to file for an Uncontested divorce in New York State you must meet the residency requirements, have grounds, and an agreement with your spouse, or your spouse does not agree and fails to answer the Complaint and is in Default.

You meet the residency requirements if:

1) You or your spouse has lived in New York State for the last two years and continues to reside in NY; OR

2) You and your spouse live in New York at the time you file for divorce and the grounds for divorce occurred in New York; OR

3) You or your spouse has lived in New York State for the last one year, AND;

    a) The two of you were married in NY, OR;
    b) The two of you lived in New York during your marriage, OR;
    c) The grounds for divorce occurred in NY.

Do You have Grounds to get a divorce?

The bottom line is that most people have grounds to get a divorce when both parties are in agreement that a divorce should take place.

The spouse that brings the action must set forth the grounds for divorce in the papers.

Grounds for divorce in New York State are as follows:

1) Cruel and Inhuman Treatment Physical and/or verbal abuse that occurred in the last 5 years such that it rendered it unsafe and improper for a spouse to continue to cohabit with the other spouse.

2) Abandonment One spouse abandons the other for a period of one or more years by moving away from the home, refusing entry to the home, or refusing sexual relations.

3) Three Years Imprisonment - Spouse has been in jail for three consecutive years.

4) Adultery Third Party Proof Required.

5) Conversion - Have already lived separate and apart for one year pursuant to separation agreement that was duly recorded with the County Clerk or Judicial Order.

6) No Fault - Marrage is Irretrievably Broken.

The most common Ground selected for an uncontested divorce is Cruel and Inhuman Treatment, however, some jurisdictions commonly use Sexual Abandonment. However, the new No Fault Grounds will soon be the most common.


Do You have an Agreement?

Typically most people seeking an uncontested divorce have negotiated a basic agreement with their spouse regarding Custody, Visitation, Child Support, Maintenance and the Division of Marital Assets and Marital Debts.

So long as you have a basic verbal agreement with your spouse you may proceed with the uncontested divorce on this website.

A written agreement will be drafted in a manner that complies with your wishes and New York State Law.

Is your Spouse in Default?

At some point early in the process your Spouse will be served with a Complaint for Divorce. Usually at this point your Spouse will sign the Agreement and a Defendent's Affidavit so that the matter can be placed on the Court Calendar Immediately. If your Spouse does not sign the Agreement your Spouse will have to file an Answer to the Complaint.  If your Spouse fails to Answer you may proceed with the Uncontested Divorce in a Default Posture after 45 days.

If you want an uncontested divorce and want to get started right away, look no further.

Click Get-Divorced to start your NY Uncontested Divorce NOW!.

Click Contact-Us to contact us for a free consultation first.

Stephen K. Underwood, Uncontested Divorce Attorney
1395 Union Road West Seneca, NY 14224
Phone: 716-656-7676 URL of Map