What Is The Process Of An Uncontested Divorce In Suffolk County?

Divorce is always a difficult experience to go through, but there are some cases that are easier than others. When two spouses agree to end their marriage, and they have an agreement in place about all the different terms of the case, they can obtain an uncontested divorce. The process of an uncontested divorce is vastly different from a contested case, as there is no mediation or litigation involved. Below, our Suffolk County uncontested divorce lawyer explains the process below.

Filing the Summons and Complaint

Every divorce case, whether it is contested or uncontested, officially begins when the Summons and Complaint is filed with the court. When filing an uncontested divorce, people typically file on the grounds of no-fault. When filing a no-fault divorce, you are only stating that your marital relationship has been broken for at least six months. You are not blaming your spouse for the breakdown of the marriage. Not all no-fault divorce cases are uncontested, but grounds of fault are not usually stated in uncontested divorces.

Serving Your Spouse

After one party files for divorce, the other party must receive official notice through formal service. Anyone can serve the divorce papers to the other party, as long as it is not the person who filed for divorce. When obtaining an uncontested divorce, news of the case will not be a surprise to the other party because an agreement has already been reached. Still, proper procedure must be followed, so it is important to work with a Suffolk County uncontested divorce lawyer who can advise you on the procedures you must follow.

The Response

In any divorce case, the spouse who is served with divorce papers has 20 days to respond. When obtaining an uncontested divorce, the responding spouse simply signs an affidavit agreeing to the divorce. The final agreement and all paperwork is then submitted to the court. Even when obtaining an uncontested divorce, there is still plenty of paperwork that must be filled out and submitted properly so that there are no unnecessary delays. It is for this reason it is so critical to work with a Suffolk County uncontested divorce lawyer who can guide you through the process.

The Judge’s Decision

Once all of the paperwork is submitted to the court, a judge will review it and decide whether or not to grant the divorce. This is a much easier and much faster process than in contested cases. The judge must only determine that the case is actually uncontested and that the settlement agreement is fair to both parties. Once a judge has decided this, they will grant the divorce.

Our Uncontested Divorce Lawyer in Suffolk County Can Help You Through the Process

Even when obtaining an uncontested divorce, it is critical that you have sound legal representation to ensure your rights are upheld. At the Law Office of Joshua Adam Kittenplan, P.C., our Suffolk County uncontested divorce lawyer can draft your agreement, make sure it is fair and enforceable, and help you obtain your divorce as quickly as possible. Call us now at 631-499-0606 or contact us online to schedule a free consultation.

Source:

law.justia.com/codes/new-york/2018/dom/article-10/170/