New York Uncontested Divorce Attorney

How an Uncontested Divorce Works

An uncontested divorce occurs when both parties agree on all aspects of their separation without needing to rely on the judgment of the court. It is considered an amicable divorce, as both parties are satisfied with their decisions with regards to spousal support, child support, and asset division. It is also less costly and often permits for a more swift divorce.

At Eiges & Orgel, PLLC, we have helped a great number of people finalize uncontested divorces. Our years of experience in divorce and family law cases have provided our clients with a complete understanding of their options. An uncontested divorce is not right for every couple, so it is highly recommended that you explore your options with our firm.

Even though both parties may have settled on the issues of the divorce, and is still advised to have an NYC divorce lawyer guiding you through this process. Contact Eiges & Orgel, PLLC to learn more about your options.

Conditions for Uncontested Divorce in New York

In order to retain our legal services for an uncontested divorce, you must have lived in New York for a minimum of one year. Certain prerequisites must also be agreed upon by both parties, including:

When you work with our firm, we will provide you with start-to-finish legal support. Our goal is to relieve you of the legal paperwork and offer prompt results. We offer a personalized approach that will ensure a simple legal process, while protecting your best interests every step of the way. See our fees here.

Common Questions about Uncontested Divorce

If you have made the decision to file an uncontested divorce, you probably have questions. Fortunately, you have come to the right place. Eiges & Orgel, PLLC has been representing clients in a wide range of family law matters for more than three and a half decades. Take advantage of a no-cost, comprehensive case evaluation with our firm today.

How long does an uncontested divorce take?
Every divorce is different, which means that the length of the divorce process will vary from case to case. Generally, uncontested divorces take far less time than traditional divorce proceedings—which require numerous visits to the courthouse. In most cases, an uncontested divorce will take at least six to eight weeks, but could extend up to three months or longer. This will depend on how quickly the paperwork can be filed and how busy the court is.

Will I be required to appear in court at any point?
One benefit of filing for an uncontested divorce is that you will typically be able to avoid going to court. Unless the judge has a question about something listed in the divorce proposal, it is rare that either party would be required to appear in court. However, if you or your spouse disagrees with any of the terms laid out in the agreement, the divorce would no longer be uncontested. Both sides must agree on all issues. If this is not possible, the case will go to court.

What if my spouse fails to sign the divorce papers?
In some cases, an uncontested divorce may be finalized by way of default. If divorce papers are filed and your spouse fails to respond accordingly after they have been served, they would be “in default.” What this means is that, after the 40-day waiting period has expired, the spouse who has been served would forfeit the right to participate in the divorce. As a result, the petitioning spouse could move to have the uncontested divorce finalized by reason of default.

We don't agree on everything – can we still pursue an uncontested divorce?

A majority of Americans want to pursue uncontested divorce because they don't want their divorce proceedings to be drawn out or end up in court. However, no two people going through a divorce are going to see eye to eye on everything. The point of uncontested divorce proceedings is to work these issues out so that the two can come to an agreement. If you and your spouse cannot come to an agreement about the terms of your divorce and one or both parties still wish to contest the terms, then the divorce is considered contested and will then have to be resolved in court.

Should I hire a lawyer for an uncontested divorce?
Even if you and your spouse have agreed on all aspects of your separation, it is still recommended that both parties seek counsel from an uncontested divorce attorney in New York. Although the uncontested divorce process is generally not as complicated as that of a contested divorce, you must still ensure that all necessary paperwork is properly completed and filed. A single mistake could result in the outright dismissal of your case and the loss of your filing fee.

Contact Eiges & Orgel, PLLC to Learn More

If you have questions about uncontested divorce, or you are ready to get started on your case, we encourage you to take advantage of a no-cost case evaluation today. Eiges & Orgel, PLLC has been helping individuals and families throughout the state for more than three decades, and we have successfully handled thousands of divorce and family law cases. Let us put this experience to work for you by working with a New York City divorce attorney from our firm.

Ready to find out if an uncontested divorce is right for you? Contact us for a free case evaluation.

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