New York Launches Simplified Process for Uncontested Joint Divorces
For many years, New York was the last state that would not allow no-fault divorce. This forced many husbands and wives to make dubious allegations of misconduct against their spouses even when the truth was that it was simply for the best that the parties go their separate ways. Finally, in 2010, the state authorized no-fault divorce for couples whose marriage had been irretrievably broken for at least six months.
While many New Yorkers were relieved at this change, the traditional adversarial legal process remained in place for divorcing spouses. One party would have to file a complaint for divorce, the other party would respond, and so on. Now, the state has taken another significant step toward modernizing divorce proceedings by permitting couples to file for a joint uncontested divorce.
Effective as of late January, this streamlined process enables couples who mutually agree to end their marriage to file together, cutting down on paperwork, costs and stress. Instead of one spouse serving the other with a summons and complaint, both parties petition the court to dissolve their legal union, attaching the settlement agreement that addresses property division, spousal maintenance, custody and child support arrangements.
By presenting a pre-negotiated agreement to the court, couples can expedite the divorce process and move forward with their lives more quickly. Cooperating in this manner can also set a positive tone for relations between the parties after the marriage is dissolved. This is particularly important when the couple has minor children together. However, while joint uncontested divorce seems to be a good option for many couples, there are some reasons why you might before a more traditional proceeding, particularly when there are issues relating to financial impropriety or domestic abuse. Working with a seasoned attorney can help you understand what works best for your situation.
At the Law Office of Maurice J. Verrillo, P.C. in Rochester, we have more than three decades of experience assisting Western New York clients with divorce proceedings and other family law matters. Please call our office at 585-563-1134 or contact us online to schedule a free 30-minute consultation.
April 28, 2025 Posted in Family Law Tagged divorce, joint, uncontested Comments Off on New York Launches Simplified Process for Uncontested Joint Divorces
