Contact us today. We want to help.

Preparing an uncontested divorce on Long Island

Ending a marriage is almost never easy. Especially when a couple has children or has amassed property or other assets during the marriage, the legal process to end it and divide any wealth created together can be complicated.

There are generally more complicated procedures involved if one spouse does not agree to pursue divorce, often called a contested divorce. Efforts are less exhaustive when a divorce is uncontested, in which neither spouse argues about the aspects of the divorce.

In order to file any sort of divorce procedures in Nassau County or elsewhere in the state of New York, spouses are required to have lived in the state for at least two consecutive years before the case begins. They also need a legal reason, or "grounds," for the divorce. These include a variety of reasons, but the most common in an uncontested divorce is irretrievable breakdown.

Irretrievable breakdown, also known as a no-fault divorce, requires both spouses to affirm that their relationship has been over for at least six months and all arrangements for children and shared property have been settled between the two parties.

A legal representative for each spouse is often recommended in order to properly file and serve divorce papers with the proper authorities in a county in the state of New York. An attorney can make sure deadlines are met, fees are paid and all parties are properly informed.

In the case of an uncontested divorce, the defendant will answer the filing spouse with a signature. This indicates that he or she does not wish to contest the divorce.

Source: New York State Unified Court System, "Uncontested Divorce Overview," accessed Nov. 29, 2017

No Comments

Leave a comment
Comment Information
peer rated for highest level of professional excellence NYSTLA nassau county bar association the american trail lawyers association new york state bar association

Contact our firm today
Call 800-491-9306 or fill out the form below to schedule an appointment at our Garden City, New York, office.

Contact the Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Weinstein, Kaplan & Cohen, P.C.
1325 Franklin Avenue
Suite 210
Garden City, NY 11530

Toll Free: 800-491-9306
Fax: 516-877-7760
Garden City Law Office Map