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Dividing Marital Property | NY Uncontested Divorce

The Marital Property in a divorce is Divided by a process known as Equitable Distribution. The court uses a series of "factors" to make the determination. Equitable Distribution does not mean "equal distribution" but sometimes to avoid conflict marital property is divided equally.

In an Uncontested Divorce, Equitable Distribution is NOT used because the parties are not asking the Court to divide the property for them, as they have come to an agreement on how property will be divided.

What Property is Marital Property in a NY Divorce

Domestic Relations Law defines the term "marital property" to mean all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held, except as otherwise provided in an agreement (prenuptial or postnuptial agreement), or that which is Separate Property.

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What Property is Separate Property in a NY Divorce

Separate Property is often referred to as the property that was acquired before the marriage, however, the following is a list of property that is characterized as Separate Property:

  • Property acquired before the marriage or property acquired by bequest, devise, or descent (inheritance), or gift from a party other than the spouse.
  • Compensation for personal injuries, excepting punitive damages.
  • Property acquired in exchange for or the increase in value of separate property, except to the extent that such appreciation is due in part to the contributions or efforts of the other spouse.
  • Veteran's benefits exempt from attachment, levy or seizure pursuant to the laws of the United States, except when a Veteran has waived a portion of his military retirement pay in order to receive Veteran's compensations.
Dividing Marital Property | NY Uncontested Divorce

Compare Flat Fee Uncontested Divorce Plans

Uncontested Divorce


WITHOUT Children Under Age 21 AND
Each Person Keeps Their Own Property and Debts

$1000+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties stating that each party keeps their own assets and pays their own debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.

Uncontested Divorce


WITHOUT Children Under Age 21 AND
Divide Our Property and Debts

$1250+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties spelling out the division of assets and debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.

Uncontested Divorce


WITH Children Under Age 21 AND
Each Person Keeps Their Own Property and Debts

$1350+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free Calculation of Child Support.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties setting forth custody, visitation, child support, health insurance, uninsured medical, etc., and stating that each party keeps their own assets and pays their own debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.

Uncontested Divorce


WITH Children Under Age 21 AND
Divide Our Property and Debts

$1500+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free Calculation of Child Support.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties setting forth custody, visitation, child support, health insurance, uninsured medical, etc., and spelling out the division of assets and debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.
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