How To Get a Quick Divorce
Divorce, often associated with protracted court battles and emotional turbulence, doesn't always have to be a lengthy process. For couples in New York who agree on key divorce-related matters such as property division, child custody, and spousal support, an expedited or "quick" divorce might be possible. This article aims to guide you on how to get a quick divorce in New York.
How To Get a Quick Divorce
Are you looking for a way to expedite the divorce process and minimize the stress involved? Fortunately, there are steps you can take to achieve a quick divorce.
1. Decide on an Uncontested Divorce
An uncontested divorce, wherein both parties agree on all terms, is the fastest path to divorce in New York. It removes the necessity for lengthy litigation and can significantly expedite the process. To file for an uncontested divorce, you'll need to agree with your spouse on crucial aspects such as:
- Division of property, assets, and debts
- Child custody and visitation rights
- Child support, health insurance, and medical costs
- Alimony or spousal support
2. Meet the Residency Requirement
Before filing for divorce in New York, ensure that you meet the state's residency requirement. This typically involves at least one spouse having lived in New York for a continuous period of two years prior to filing for divorce. However, there are exceptions, so it's advisable to review the specific guidelines or consult a legal professional.
3. Draft and File a Divorce Complaint
In an uncontested divorce, the divorce complaint is relatively straightforward. It lays out the basic details about your marriage and what you're asking for in the divorce. You will need to file this with the county clerk's office in the New York county where either you or your spouse resides. Remember to provide a copy of the filed complaint to your spouse.
4. Complete the Required Divorce Forms
New York requires several forms for an uncontested divorce, including a summons, affidavit of defendant, child support worksheet, and a stipulation of settlement, among others. You can find these forms online or at the county clerk's office. If children are involved, additional forms will be needed.
5. Get Your Spouse's Response
Your spouse should respond to the complaint to move the process along.. In an uncontested divorce, they can do this by signing an Affidavit of Defendant, which means they agree to all the terms of the divorce.
6. Submit Final Forms to the Court
Once your spouse has agreed to the terms, you can submit the final set of forms, including the:
- Findings of Fact/Conclusions of Law
- Judgment of Divorce
- and Part 130 Certification
to the court. You will also need to submit the Note of Issue, signifying that the case is ready for the judge's review.
7. Wait for the Judge's Decision
Finally, all you need to do is wait for the judge to review and sign the Judgment of Divorce. This can take a few weeks, depending on the court's schedule. Once the judgment is signed, the clerk will enter it into the court records, finalizing the divorce.
Navigating a fast divorce can still be complex, and while this guide offers a broad overview, every situation is unique. It's always a good idea to consult with an uncontested divorce lawyer who can provide personalized advice and guidance. If you're looking for a quicker path to divorce, an experienced family law attorney can provide invaluable assistance.
8. Hire an Uncontested Divorce Lawyer
Divorce, even when uncontested, is a significant life event with potential long-lasting impacts. While an uncontested divorce means that both parties agree on the terms and conditions of the divorce, hiring an uncontested divorce lawyer can provide several benefits.
Navigate Legal Complexities
The divorce process, even when uncontested, involves legal paperwork, court filings, and strict deadlines. A small error or oversight with the divorce papers can result in delays or even change the course of your case. A divorce attorney can help navigate these complexities, ensuring all paperwork is correctly completed and filed on time.
Objective Advice
Divorce can be an emotionally challenging time. An uncontested divorce lawyer can provide objective legal advice, helping you make informed decisions that align with your best interests.
Ensure Fairness
While you and your spouse might agree on all matters related to the divorce, experienced divorce attorneys can ensure that the agreement is fair and equitable. They can also provide advice on areas you might have overlooked, such as tax implications or future financial planning.
Legal Protection
Laws regarding divorce vary by state, and understanding these laws can be challenging. An attorney can help protect your legal rights, ensuring you're not unintentionally disadvantaged by an agreement.
Efficient Process
An uncontested divorce lawyer is familiar with the divorce process and can ensure that it moves along as smoothly and efficiently as possible. They can anticipate potential issues and address them proactively, which can help you avoid unnecessary delays.
Future Conflict Prevention
A well-drafted divorce agreement can prevent future disputes. A lawyer can help ensure that all necessary details are addressed, reducing the chance of misunderstandings or conflicts down the line.
Peace of Mind
Perhaps most importantly, hiring a lawyer can provide peace of mind during a challenging time. Knowing that a professional is handling your case can reduce stress and allow you to focus on moving forward instead of just the divorce papers.
Grounds for Divorce in New York State
In New York State, you can file for divorce under either "fault" or "no-fault" grounds.
No-Fault Divorce
This became legal in New York in 2010. For a no-fault divorce, one party must declare under oath that the marriage has been irretrievably broken for at least six months. The couple must also resolve all financial and custodial issues before the divorce will be granted.
Fault Divorce
There are several grounds for a fault divorce in New York, including:
- Cruel and Inhuman Treatment: Physical or mental cruelty that endangers the plaintiff's physical or mental well-being to the extent that it is unsafe or improper for the plaintiff to cohabitate with the defendant.
- Abandonment: The defendant must have abandoned the plaintiff for a period of one or more years.
- Imprisonment: The defendant must be in prison for three or more consecutive years after the marriage.
- Adultery: The defendant committed adultery during the marriage. It's worth noting that this can be difficult to prove, and there are several defenses to this ground.
Legal Separation
If the couple has lived apart for a year under the terms of a court-approved separation agreement, this can serve as grounds for a divorce. The separation agreement must be adhered to for at least one year.
Judgment of Separation
This is similar to legal separation, but in this case, the couple has lived apart for a year due to a court judgment of separation.
Choosing the appropriate grounds for divorce can have a significant impact on the divorce proceedings, including the allocation of marital assets and child custody. Because of this, it's usually advisable to consult with a divorce attorney who can guide you through the process and ensure your interests are protected.
Contact Michelle S. Bullock Today
Contact our office today for your quick divorce- we have years of experience helping amicable couples finalize their divorce.
FAQs
1. What is a quick divorce?
A quick divorce, often termed an uncontested divorce, is a procedure where both parties agree on all divorce-related matters such as property division, child custody, and spousal support, allowing the divorce to proceed without the need for lengthy divorce proceedings.
2. How quick is a quick divorce?
The timeline varies depending on the state and the specific circumstances of the case. In general, an uncontested divorce can take anywhere from a few weeks to a few months.
3. Can I get a quick divorce without my spouse's agreement?
A quick divorce typically requires both parties to agree on all aspects of the divorce. If your spouse disagrees or cannot be located, the process may take longer as you might have to go through a contested divorce.
4. What are the requirements for a quick divorce?
The requirements may vary by state. Generally, you'll need to meet residency requirements, and both parties must agree on all divorce-related issues. You will need to file the appropriate paperwork and follow the specified legal process.
5. Does a quick divorce cost less than a regular divorce?
Typically, yes. Because a quick or uncontested divorce involves less litigation and fewer court appearances, it usually results in lower legal fees and court costs.
6. Can we use the same lawyer in a quick divorce?
While it's possible to use the same lawyer in an uncontested divorce, it's generally not advised due to potential conflicts of interest. Each party should have their own legal representation to ensure their interests are fully protected.
7. Do I need a lawyer for a quick divorce?
Even in an uncontested divorce, it's usually beneficial to have legal representation. A lawyer can help ensure all paperwork is correctly completed, deadlines are met, and your rights are protected.
8. What if we agree on most things, but not everything?
If you agree on most issues but have a few points of contention, mediation or negotiation through lawyers may be beneficial. If these disputes cannot be resolved, you may have a contested divorce, which can lengthen the process.
9. How does a quick divorce affect child custody?
In a quick divorce, both parties agree on child custody arrangements. This agreement should consider the best interests of the child, and cover physical custody, legal custody, visitation schedules, and provisions for changes in the agreement.
