How Do I File for Divorce Without Children in New York?

Long Island attorneys simplify the divorce process when there are no custody issues

Many states, such as California, offer a summary divorce process for couples who have no children under 18 years of age and meet other requirements. With no similar system in the Empire State, many people ask, “How do I file for a divorce without children in New York?” Though childless couples can avoid certain contentious issues as they go their separate ways, there are many opportunities to make a costly beginner’s mistake if you try a do-it-yourself divorce. At Bryan L. Salamone & Associates, P.C., we offer non-parents knowledgeable guidance from attorneys who are dedicated to your success, producing results that often pay for themselves in the long run.

Uncontested divorce for New York couples without children

Many divorces get bogged down over child custody and child support arrangements, and can drag on for months until those issues are resolved. Without children, your divorce will center on the following issues:

  • Filing no-fault or citing grounds — Since 2010, New Yorkers have had the option to file a no-fault divorce. This type of pleading declares that the relationship is irretrievably broken rather than alleging that a spouse committed misconduct, such as infidelity or cruelty. A no-fault filing helps to preserve a couple’s privacy and makes it easier to compete an uncontested divorce.
  • Spousal support — Alimony, known as maintenance under New York law, is gender neutral. It is also meant to be rehabilitative, so it is usually of limited duration. Frequently, childless spouses are capable of earning a suitable income and might already both work, so support is not much of an issue. In marriages with a stay-at-home spouse, a lump-sum award or short-term payment schedule that enables the dependent spouse to re-enter the workforce successfully may be appropriate.
  • Property distribution — New York is an equitable distribution state, so all property in the marital estate gets divided in a manner the court considers fair if no agreement can be reached between spouses. Without children, you will not have to consider if the marital home should go to the party with primary physical custody. Our experienced attorneys work to negotiate distributions of assets and debts that are acceptable to the court, as well as the parties, so you can avoid a hearing on this issue.

Spouses without minor children have a greater chance of achieving an uncontested divorce, but assistance from an experienced attorney is still critical during settlement negotiations.

Steps to filing a divorce without children

Nothing can be certain when a marriage ends, but you greatly improve your odds of securing a prompt, inexpensive divorce if you take the following steps:

  • Find the right divorce attorney — You want solid advice from a lawyer with substantial experience successfully negotiating equitable divorce settlements for childless couples.
  • Speak to your spouse about your desire for a divorce — Being transparent with your spouse can lay the groundwork for future cooperation in settling your divorce.
  • Begin negotiations prior to filing — If you and your spouse agree that divorce is the best path forward, you should each retain legal representation. Your attorneys can then begin settlement talks immediately. In many cases, you can reach a settlement agreement and submit it with the divorce filing.
  • Filing no-fault — Either party can file for the divorce. Filing no-fault allows you to assert the marital relationship is irretrievably broken without antagonizing the other side and risking a drawn-out dispute over who is to blame.

You can begin the process with a free consultation.

Why a divorce with no kids can be simplified

When parents divorce, disagreements over custody, visitation and child support can get emotional. This is particularly true if a conflict exists over allegations of hidden income or a parent’s intention to move to a distant location with the couple’s child. Even when the breakup is fairly amicable, creating a parenting time schedule as part of a visitation agreement might become very complicated. Absent these potential obstacles, our firm focuses on minimizing the time, cost and aggravation associated with ending a marriage.

Timeline for a divorce with no children

By eliminating many of the issues that are typically the toughest, you increase the likelihood of a swift divorce. In New York, that can mean an order ending your marriage in about six months’ time, provided there are no serious disagreements over property division or spousal maintenance.

Cost of a childless divorce

Certain costs of a divorce, such as the filing fees, are fixed. But filing for a no-fault divorce with a marital settlement agreement in place eliminates the need for discovery or hearings. Accordingly, you would sharply reduce your overall cost by cutting out elements of litigation that require significant work from an attorney, such as interrogatories, demands for documents, motions, depositions and the actual trial. Our firm is determined to deliver the greatest value possible in the pricing of your divorce.

Let our experienced Long Island attorneys help you file for an uncontested divorce

If you have no minor children to consider, Bryan L. Salamone & Associates, P.C. can help you pursue an uncontested divorce that saves you time and money. To learn more about our firm's full range of low-cost divorce services, call 1.631.479.3839 or contact our office online. Your first consultation is free.