What is an Uncontested Divorce? An uncontested divorce is when both parties on their own agree and resolve all issues in their case. The spouses can then bring those terms to an attorney at Geffner Kersch to draft divorce papers and submit them to Court to finalize their divorce. At Geffner Kersch we strive to reach amicable resolutions for our clients.
An uncontested divorce can also be when one spouse does not respond to the other spouse's divorce papers. In that case, the filing spouse can get a judgment of divorce on default using the guidance and representation of an attorney at Geffner Kersch who will file an application with the court for a divorce.
While an uncontested divorce is less complex, proper legal representation is still critically necessary. The attorneys at Geffner Kersch, who serve the greater New York City area, which includes all five boroughs in addition to all of Long Island and Westchester counties, will use their advanced skills and experience in even the simplest matters to ensure acceptance by the court and limitation of issues between these spouses in the future. We strongly believe that no one should face this difficult process alone and we are dedicated to providing you with uncompromising service to keep your divorce on the right track.
In the state of New York, the grounds for divorce can vary, especially since Governor David Paterson signed the "no-fault divorce" bill in 2010. Currently, the ways in which a couple can file for divorce are as follows:
- No-Fault Divorce: If at least one of the married partners claims under oath that the marriage has irretrievably broken down for at least six months then that spouse may be granted a divorce under these circumstances. The other spouse cannot fight a no- fault divorce. It is granted to a spouse just for the asking. However, the grounds for divorce are only one part of the equation. The parties must either settle all of the issues relating to divorce by agreement, or have a court decide those issues at trial.
- Fault-Based Divorce: If one or both of the parties have committed misconduct such as adultery, abandonment, or abuse then there is a legitimate justification for this type of divorce. However, the accusing spouse must prove their case and can often end up in long, drawn-out battles with these types of divorces.
- Divorce Following Separation: If the couple has lived apart for at least a year and entered into an agreement either in writing or through court prior to the year of separation, provided each party has lived up to the terms of the agreement, then the divorce will be granted.
For the best service from an attorney servicing the greater New York City area, which includes all five boroughs in addition to all of Long Island and Westchester counties, contact Geffner Kersch Attorneys at Law.