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Uncontested Divorce FAQs Page

Please note that this FAQs page is for informational purposes only and none of this information should be construed as legal advice.

What is an Uncontested Divorce?

An Uncontested Divorce is a divorce in which both spouses agree on all issues in the case. This includes, but is not limited to, Maintenance (formerly known as alimony), Custody, Visitation, and Child Support.

Can I get Divorced in New York?

Generally in order to get divorced in New York you have to satisfy both Grounds and Residency Requirements. A Ground is the reason you want to get divorced. Keep reading our FAQs page for further information regarding both.

Residency Requirements

Generally you have to fall into one of the below requirements to satisfy Residency Requirements:

  • Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started;
  • Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and you got married in New York State;
  • Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and you lived in New York State as a married couple;
  • Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and the grounds for your divorce happened in New York State;
  • Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
Grounds for Divorce

Generally you have to fall into one of the below requirements to satisfy Grounds:

  • Irretrievable breakdown in relationship for a period of at least 6 months
  • Cruel and inhuman treatment
  • Abandonment
  • Imprisonment
  • Adultery
  • Divorce after a legal separation agreement
  • Divorce after a judgment of separation
Do I have to go to Court?

Generally not. Barring any exceptions we will handle any Court appearances.