Legal Question in Family Law in New York

Uncontested Divorce

I have been married to my soon to be ex-husband since 8/07. Living apart since 7/2008. we have signed a written agreement, we have no child, we have nothing together. Is this good enough to file an uncontested divorce? None of the grouds really apply to us. Is a written agreement between us good enough to use?


Asked on 4/01/09, 12:54 pm

3 Answers from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Uncontested Divorce

Is it a separation agreement?

When was it signed?

Was it filed with the court?

Patricia Martin-Gibbons

Read more
Answered on 4/01/09, 12:58 pm
Steve Brodsky Esq. CheapNewYorkLLC.com

Re: Uncontested Divorce

If you've only been living apart since 7/08, you do not yet have grounds based on your agreement. It needs to be at least one year after the agreement was signed & filed. However, you may have other grounds, for example, if you and your spouse both agree that you have not had sexual relations for at least one year, you can get divorced right now. Feel free to contact me. My fee for an uncontested divorce starts at just $199.

Read more
Answered on 4/01/09, 1:21 pm
Robert Evans Robert S. Evans esq.

Re: Uncontested Divorce

You can file for an uncontested divorce. However the grounds must be established and the distribution of assets must be agreed upon. I recommend each of you retain separate counsel to preserve your individual rights. Don't be penny wise and dollar foolish. Any future contention may be quite costly.

Read more
Answered on 4/01/09, 5:49 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York