How to File for Divorce without Children in New York
Experienced Long Island attorneys protect you from do-it-yourself pitfalls
Many states, such as California, have special rules for a summary divorce for couples who have no children under 18 years of age and meet other requirements. New York does not have summary divorce, but directs these couples to pursue an uncontested divorce. Certain websites even suggest that couples proceed without the assistance of a lawyer. Bryan L. Salamone & Associates, P.C. cautions anyone to not attempt a divorce without an experienced and knowledgeable attorney. There are too many opportunities to make a costly beginner’s mistake that wipes out any savings you might have realized by doing it yourself and continues to haunt you for a good, long time. With our firm, you get aggressive legal representation at a price you can afford. Our attorneys are dedicated to your success, and the results we provide often pay for themselves in the long run.
Uncontested divorce for New York couples without children
When you and your spouse have no minor children, that eliminates one of the most emotionally-charged issues of divorce. Contentious divorces often get bogged down over child custody and child support, and can drag on for months until those issues are resolved. Without children, your issues are simply procedural and economic:
- Filing no-fault or citing grounds — Since 2010, New Yorkers have had the option to file a no-fault divorce, asserting only that the relationship was irretrievably broken. This allows the couple to retain a greater measure of privacy than citing grounds, such as infidelity or cruelty. Filing no-fault also gives you one less item to litigate, making it easier to achieve an uncontested divorce.
- Spousal support — Alimony in New York is gender neutral. It is also meant to be rehabilitative, so it is usually of limited duration. In many cases, both spouses are self-supporting, so support is not much of an issue. In marriages where one spouse has been out of the workforce, a lump-sum or periodic payments of support that allow 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. Our attorneys have ample experience negotiating property settlements; we work out an agreement that is acceptable to the court so you can avoid a hearing on this issue.
Without minor children to consider, your chances of achieving an uncontested divorce improve dramatically, but you still need dedicated assistance from experienced attorneys who know how to reach a settlement.
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 achieve 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.