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