New York State law allows spouses to file for an uncontested divorce when they agree about the grounds for the divorce and all major issues including child custody, support and the division of property. As easy as this sounds, it may be more challenging than it appears to make certain that you follow all of the procedural rules involved with filing an uncontested divorce proceeding in a New York Court. Even if a proceeding starts out as an uncontested divorce, disputes may arise that quickly turn the matter into a contested divorce, which is generally a more costly, stressful, and time-consuming process. Consulting Yonkers and White Plains divorce lawyer Elisa Claro at the outset will ensure that you are approaching the process correctly and that you are prepared to address any issues that arise along the way. At The Claro Law Firm, our team has the experience and resources that you need to protect your interests.Forms For Filing An Uncontested Divorce In New York State
To qualify for an uncontested divorce, you and your spouse must show that you satisfy the Domestic Relations Law § 230 residency requirement and that you are seeking a divorce based on one of the seven grounds for divorce set forth in Domestic Relations Law § 170. If you and your spouse decide to pursue an uncontested divorce without the guidance of an attorney, there are numerous forms and related documents that you must submit to the court. The New York State Court system maintains a website that provides all of the forms that the spouses must complete. As the court system warns, completing these forms and pursuing an uncontested divorce without legal counsel may result in your “losing certain rights stemming from the marital relationship that are not readily apparent to a person who is not an attorney.”
Many of the forms that you must file in an uncontested divorce proceeding consist of notices, affidavits, declarations, and financial forms. For example, the spouses must each file an affidavit providing personal information, including the date that the spouses married, the number of children in the marriage and the health insurance status of each spouse. Other forms include a child support worksheet, an annual income worksheet and a maintenance guidelines worksheet, which refers to spousal support. However, these are only some of the forms that the spouses may need to complete, which will depend on their specific circumstances.Explore Your Options With A Divorce Lawyer In Westchester County
If you are considering going through the uncontested divorce process, White Plains and Yonkers divorce attorney Elisa Claro is available to assist you. Having served people in many communities throughout Westchester Country, including New Rochelle, Mount Vernon, Rye, and Peekskill, she knows that a divorce may be a disruptive process and is committed to minimizing your stress. At The Claro Law Firm, we will navigate the entire process for you with careful attention to your personal goals. Call us at 1-877-631-3539 or contact us online to schedule a free consultation with a divorce or child custody attorney.