No Fault Uncontested Divorce

How to File in New York State for a No Fault Uncontested Divorce

If you are seeking an uncontested divorce in New York State, one of the easiest grounds to assert is irretrievable and irrevocable breakdown in the marital relationship under NY DLR § 170. This is also known as “No-Fault Divorce.” To assert this ground for divorce you must make a very technical pleading. Our Westchester County, New York uncontested divorce lawyers and attorneys know how to claim the irrevocable / No Fault facts so that your uncontested divorce goes through as smooth as possible.

In order for a court to approve your uncontested divorce on the No Fault ground of irretrievable and irrevocable, specific facts to support this claim must be alleged in the pleading. Our NY uncontested divorce lawyers and law firm will work with you and interview you so that you can legally establish the ground of irretrievable and irrevocable breakdown in order to undue your marriage with an uncontested divorce.

While seemingly simple, there are still complexities involved with a no fault divorce. The standard of review of an irretrievable and irrevocable breakdown is whether:

  • The marriage has broken down irretrievably (i.e., impossible to repair or reconcile); and
  • For a period of at least six months; and
  • you and your spouse have either resolved all the economic issues of
    • property distribution
    • economic maintenance
    • child support
    • attorney’s fees
    • expert fees
    • child care and custody

When you retain our White Plains, NY uncontested divorce lawyers we will totally un-confuse the situation for you. We will ensure that all of the conditions precedent to a court approving your uncontested divorce on irretrievable and irrevocable are met so that you can obtain a final judgment of divorce from the court.

Once all of the divorce issues are settled we will then prepare the uncontested divorce documents, file them with the court, track the progress of the case through the court system, make any subsequent or amended filings, and ensure that your NY uncontested divorce gets finalized in a divorce decree and judgment of divorce.

We understand that contemplating or being involved in a divorce proceeding is confusing, perplexing, worrisome, and downright scary. We know that you likely have other questions for your particular situation, and they cannot possibly be all answered on our web site. If that is the case then we invite you to pick up the phone and give us a call. Chatting with people with questions is something we do every day, and we’d love to talk to you as well.

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