What Happens in an Uncontested Divorce on Long Island?
Total Agreement
For this to happen, you must both have already decided that the marriage cannot continue, and you must agree that you don't want a judge to referee every question of your divorce.Making a Sworn Statement
Most couples who proceed this way choose a no-fault divorce. This means giving a sworn statement that the relationship has been irretrievably broken for at least six months as opposed to blaming the divorce on one of the parties.This six-month period is not a waiting period after filing; it is a condition that must exist before the court will sign the judgment. You can file on fault grounds, but it's rare for one partner to file this way and the other not to dispute it.
Filing Your Action
With your lawyer's help, one of you will file an action in the Supreme Court of the county where you or your spouse lives. You purchase an index number and file either a summons with notice or a summons with a verified complaint. Those papers must be accompanied by the automatic orders that freeze certain assets and insurance until the divorce is finalized, the notice of guideline maintenance, and, if children are involved, the child-support standards chart.Serving Your Spouse
Once you've filed the action, you need to "serve" your spouse the papers. You can't do this personally. You'll need to choose someone who is over 18 and is not a party in the proceedings to do it. If your spouse signs the papers, the case can be placed on the calendar at once.Submitting a Packet
Your packet has a lot to it, and your lawyer will help you do it right. You'll need to show, in writing, that every required notice was given, that all barriers to remarriage have been removed, that the income worksheets you've filled out support any spousal maintenance or child support money you're requesting, and that the proposed findings of fact and judgment match the agreement you have reached with your spouse. When children under twenty-one are involved, even more is involved.The Court Reviews
Even when you agree, the court still has to sign off on it, which means it will review everything to ensure it meets the standard of the law. For example, a judge will not sign a judgment that tries to set child support below the statutory formula unless you can give a very good reason for it. If there are errors in the packet, you could end up going back and forth for months, which is why having an attorney to help you do it right the first time is so important.If you're considering divorce, contact the Stone Studin Young & Nigro Law Group in Woodbury, NY now to set up a consultation. We serve families and couples all across Long Island and the entire Nassau County area.