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Fact Sheet: Uncontested Divorce

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If you want to file for a divorce from your spouse and you believe that your spouse will not object to the divorce, then you may be eligible to file for an Uncontested Divorce.

If you live in New York State, you have several options for filing for an Uncontested Divorce:

1) You can represent yourself and file for your divorce without a lawyer.

2) You can hire a lawyer to file your divorce.

3) Or, you can contact Central NY Mediation Services. We will guide you and your spouse through the process of filing for an Uncontested Divorce as a neutral party, Mediator. We charge a standard fee of $250.00 to guide you through the process, serve the summons with notice, and assist you and your spouse as a mediator with issues such as economic and custody arrangements and the distribution of property. In most cases, you will not have to appear in court. All the paperwork is completed within the comfort and convenience of our office, and you and your spouse will complete the filing process within one morning or afternoon. In addition to our fee, you will pay approximately $400.00 in court filing fees. Your total investment will be $650.00 and a few hours of your time.

According to New York State, you and your spouse must meet an age and residency requirement to file for divorce. If either you or your spouse has been a resident of New York State for the last two years, or if you and your spouse currently live in New York State and your grounds for divorce happened in New York, or if either you or your spouse has been a resident for the last year and one of the following is also true:

  • Your marriage took place in New York State
  • You lived as Husband and Wife in New York State
  • Or, the reason for your divorce, grounds, took place in New York State

Then you can file for a divorce in New York State. If you can not answer yes to the age and residency requirements, you should contact a lawyer.

Do you have grounds for a divorce?

In New York State, you will have to meet at least one of six possible grounds for divorce, which are:

  • Abandonment
  • Cruel and Inhuman Treatment
  • Imprisonment
  • Adultery
  • Conversion of a Judgement of Separation
  • Conversion of a Separation Agreement

If you believe you meet the age and residency requirement and you have grounds for a divorce, please contact Central NY Mediation Services for a “free consultation.”