Uncontested Divorce

If you want to stay out of court and you have parenting and/or economic issues worked out with your spouse, in appropriate cases where there is no domestic violence or abuse, you may want to file for an uncontested divorce. Filing an Uncontested Divorce with an experienced divorce attorney helps make it fair, and reduces the cost, stress, and trauma of divorce.

In order to obtain an Uncontested Divorce, you and your spouse must have nothing left to "contest", which simply means you have come to terms on all of your issues and there is nothing left to fight or litigate about. These terms may need to be reduced to a written agreement, depending on the case. You will also need grounds for divorce, which is a legally acceptable reason.

New York has seven legally acceptable reasons or grounds for divorce as listed in Domestic Relations Law §170. They are:

DRL §170 (7) irretrievable breakdown in relationship for a period at least six months (commonly known as "no-fault divorce");
DRL §170 (1) cruel and inhuman treatment;
DRL §170 (2) abandonment;
DRL §170 (3) imprisonment;
DRL §170 (4) adultery;
DRL §170 (5) living separate and apart pursuant to a separation judgment or decree;
DRL §170 (6) living separate and apart pursuant to a separation agreement

THE NEWEST GROUND: COMMONLY CALLED "NO-FAULT DIVORCE"

IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP DRL §170 (7)

  • To get a divorce on this ground, your relationship with the Defendant must have broken down irretrievably (so that it is impossible to repair or reconcile) for a period of at least six months.
  • This type of divorce is not automatic even though it is commonly called "no-fault divorce." The court will not grant you a divorce based on this ground unless and until:
    a) one of the parties has sworn under oath that the relationship has broken down irretrievably for a period of at least six months; AND
    b) you and your spouse have either resolved all the economic issues of distribution of property, spousal support, child support, and counsel and/or experts fees and expenses, and the custody and visitation with the minor children of the marriage OR
    these issues have been decided by the court and incorporated into the final judgment of divorce.

An Uncontested Divorce still requires an experienced family law attorney to ensure you do not give up any of your rights. The Law Office of Peter L. Jameson PLLC offers the drafting and submission of Uncontested Divorces at a flat fee.