In developed country like United States, divorce is very common and couples apply for divorce even for meaningless issues. The divorce types include:
- Summary Divorce
- Uncontested divorce
- Default divorce
- Fault and non-fault divorce
- Mediated divorce
- Collaborative divorce and
- Contested divorce.
In the following section let’s have a deep look at uncontested divorce in New York.
Uncontested divorce in New York is a type of divorce, where the couple gets divorce without going to the court and without appointing any attorney for them. This solely based upon the agreement made between the couple. In states like New York Uncontested divorce are highly chosen by the couples as it is the type through which they acquire divorce quickly without presence of the couples.
Unlike other types of divorce, uncontested divorce has its own criteria. It totally deals with couple’s agreement or disagreement of basic divorce an issue which includes child support, property division and spouse support. If the agreement is accepted by couple uncontested divorce is granted, if not agreed they cannot obtain it.
Based upon the presence of or absence of children under age of 21, the paper filed for uncontested divorce in New York is of two types namely:
- Do it yourself Uncontested divorce program:
Couple can apply for this when they have no children under the age of 21. After completing six months of marriage life, the couple can apply divorce in this category. The age for this is 18 and above.
- Paper uncontested divorce packet:
Couples, who have children under age of 21, are eligible to file divorce through this mode.
Forms used for uncontested divorce in New York:
To file uncontested divorce in New York, many forms have to be filled among which the most important are:
- Summons with notice- UD-1, UD-1a.
- Verified complaint- UD-2
- Affidavit of service- UD-4, Affidavit of Plaintiff-UD-6, Affidavit of Defendant- UD-7
- Sworn statement of removal of barrier to remarriage-UD-5.
- Worksheets such as annual income- UD8 (1), Maintenance guidelines- UD 8(2), Child support- UD 8(3).
- Note of issues- UD 9
- Judgment of notice – UD 10.
Uncontested divorce filling procedure:
- The initiator of the case is called plaintiff, whereas the other is called the defendant. In New York cases related to divorce are filled in Supreme Court only. The first step in this case is paper preparation. In this step based upon the fact of couple having or not having siblings under age of 21, the type is chosen. Once the paper are filled and signed and notarized, it is then filed in the County Clerk’s office in case of Paper uncontested divorce packet and filled online in using NYSCEF for Do it yourself Uncontested divorce program.
- Fees required for the process are paid at County Clerk’s office.
- Defendant is informed about the case.
- On mutual agreement basis without the presence of defendant, the couple is granted divorce.
Advantage of Uncontested divorce:
- Quick process.
- Divorce cost is very low.
- Opportunities for conflicts are very less.
Dis advantage of uncontested divorce:
- Becomes very tedious in case of couples with siblings.
- No guaranteed agreement.