Long Island Uncontested Divorce Lawyers
Suffolk County lawyers facilitate quick, no-conflict divorce
Once you’ve made the decision to dissolve your marriage, you might hope that the hardest part is already over. Although some couples face intense and bitter litigation, many are able to avoid trial altogether. At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP, our Long Island uncontested divorce lawyers can help you achieve a mutually beneficial settlement by finding ways to resolve issues amicably with a view to making a fresh start.
Benefits of an uncontested divorce
Uncontested divorce means a couple dissolves their marriage by agreement and without litigation. This simplifies the process immensely and offers these benefits for the parties:
- Less time
- Less expense
- Less stress
- Usually no court appearance
- Greater privacy
- Greater control over the outcome
If you and your spouse are capable of working together cooperatively, a Long Island divorce lawyer at our firm can make your divorce occur quickly and without stress.
What is required to get an uncontested divorce in New York?
As with any New York divorce, you must fulfill the state’s residency requirement. This means demonstrating one of the following three circumstances:
- You or your spouse have been living in New York continuously for at least two years.
- You or your spouse have been living in New York continuously for at least one year and either you got married in the state, you lived in the state as a married couple or the grounds for your divorce arose in the state.
- Both you and your spouse are residents of New York on the day the divorce is started and the grounds for your divorce arose in the state.
In addition, you and your spouse must not be in disagreement on any material issues.
The uncontested divorce process in New York
To start the case, you or your spouse prepares a complaint for divorce based on no-fault grounds, citing the irretrievable breakdown of the marital relationship for a period of at least six months. There is no assertion of misconduct by either spouse. The complaint is filed with the county clerk. The filing spouse then arranges for service of process, giving the other spouse notice of the case. The other spouse has 20 days to file an answer or a Defendant’s Affidavit of Consent. The spouses then complete a marital settlement agreement addressing all relevant issues. The spouses also complete other forms, including a Child Support Worksheet if there are children of the marriage. The case is then presented to a state Supreme Court judge for review and issuance of a judgment of divorce.
Issues for spouses to agree on for an uncontested divorce
The divorce settlement must agree on four major issues:
- Alimony
- Child custody
- Child support
- Property distribution
These issues can be complex, even when couples are in basic agreement. It’s important to retain an experienced divorce attorney who can skillfully negotiate a settlement or guide you through mediation to a reasonable compromise.
Timeline for an uncontested divorce
You can conclude an uncontested divorce within three to six months, depending on the volume of cases in the county involved. That compares with a contested divorce, which can take one to two years. Most importantly, when your divorce is final, it will be on your terms, which means less conflict in the future.
Contact our firm for personalized divorce representation on Long Island
The attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York have wide experience representing Long Island residents seeking uncontested divorces. To learn more, call 631-360-0400 or contact us online to schedule an appointment.