What is an uncontested divorce?

An uncontested divorce is a type of divorce in which both parties agree on all matters relating to the divorce. It is one of the smoother forms of divorce, and is quicker and more cost effective than a contested divorce. In New York, an uncontested divorce occurs when the divorcing spouses are able to come to an agreement on all the terms of their divorce without the need for a court appearance. This type of divorce requires both parties to remain civil and to cooperate in order to reach an agreement. To be eligible for an uncontested divorce, both parties must sign a written agreement (known as the divorce settlement agreement) that details the terms of their divorce. This agreement must address topics such as division of property, custody and visitation of any children, child support, and spousal support. Once the agreement is signed, the parties must file paperwork, known as a notice of appearance, with the court. This paperwork informs the court that the parties have reached an agreement and are seeking an uncontested divorce. After the paperwork is filed, a final judgement of divorce can be entered once the waiting period has passed. It is important to note that an uncontested divorce in New York still requires that the parties be legally separated prior to the filing of any divorce paperwork. If the parties have not been legally separated for at least 6 months prior to filing, they may be required to attend a hearing in order to obtain an uncontested divorce.

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