At the Law Office of Michael Catalanotto, PC, we help clients across Suffolk County and New York City file for divorce. Whether you are the one who wants to end your marriage or your spouse has already filed, we can help you navigate the legal process. We understand that divorce can be a highly contentious and emotional process, which is why we recommend exploring an uncontested divorce. This type of divorce is typically less expensive and time-consuming than a contested divorce, making it a much more favorable option for many of our clients.
Contact us online or call (631) 621-3750 to request a consultation with our Suffolk County uncontested divorce lawyers today.
What Is an Uncontested Divorce?
An uncontested divorce is one in which both parties agree to all terms of the divorce. This means that you have reached an agreement regarding how to divide your marital property, whether one spouse will receive spousal support (alimony), and the terms of your child custody and support arrangements (if you have minor children).
Uncontested divorces are typically faster, less expensive, and less contentious than contested divorces. The process is also typically less stressful for both parties and any children involved.
However, this does not mean that you should not work with an attorney when filing for an uncontested divorce. Even if you and your spouse are on good terms and believe that you agree on all terms of your divorce, it is still crucial that you have a knowledgeable lawyer on your side to ensure that your rights and interests are fully protected.
Our uncontested divorce attorneys in Suffolk County can help you with the following:
Preparing and filing all necessary paperwork: To obtain an uncontested divorce, you must file a divorce complaint and several other forms with the Suffolk County Clerk’s Office. Our attorneys can ensure that all paperwork is properly completed and submitted on time.
Exploring your options: If you and your spouse do not agree on all terms of your divorce, you may have to go through the contested divorce process. Our attorneys can explain your options and help you determine the best next steps.
Helping you reach an agreement: If you and your spouse do not agree on all terms of your divorce, our attorneys can help you negotiate an agreement. We can also represent you at your divorce hearing if necessary.
Handling all communication with your spouse and their attorney: We can communicate with your spouse and their lawyer on your behalf to ensure that your rights and interests are fully protected.
Representing you in court: In some cases, uncontested divorces require a court hearing. Our attorneys can represent you at the hearing and argue for a favorable outcome.
Contact Our Uncontested Divorce Lawyers in Suffolk County
If you are thinking about filing for an uncontested divorce in Suffolk County, it is crucial that you consult with an experienced attorney as soon as possible. Our Suffolk County uncontested divorce lawyers can review your case, explore your legal options, and help you make informed decisions about your future. We can also help you navigate the legal process and ensure that your rights and interests are fully protected.
Contact us online or call (631) 621-3750 to request a consultation with our Suffolk County uncontested divorce lawyers today.
How to File for an Uncontested Divorce in Suffolk County
Filing for an uncontested divorce in Suffolk County is relatively straightforward. However, the process can be lengthy and complex if you do not have an attorney on your side. Our uncontested divorce lawyers in Suffolk County can help you navigate the legal process from start to finish, ensuring that everything goes as smoothly as possible.
Here are the steps to filing for an uncontested divorce in Suffolk County:
Meet the residency requirements. To file for an uncontested divorce in New York, you or your spouse must have been a resident of the state for at least two years prior to filing. Additionally, you must have been a resident of the county in which you file for at least three months. If you and your spouse were married in New York and you have lived in the state as a married couple, you can file for an uncontested divorce in New York even if you are not currently a resident of the state.
Prepare the necessary paperwork. To file for an uncontested divorce in Suffolk County, you must prepare a divorce complaint and several other forms. These forms are available online, but they can be difficult to complete if you do not have a legal background. Our attorneys can ensure that all paperwork is properly completed and submitted on time.
File the paperwork with the Suffolk County Clerk’s Office. Once you have completed the necessary paperwork, you must file it with the Suffolk County Clerk’s Office. This office is located at the H. Lee Dennison Building in Hauppauge. Our attorneys can handle the filing process for you, ensuring that all paperwork is properly submitted.
Serve the divorce papers to your spouse. After you have filed the paperwork, you must serve the divorce papers to your spouse. This means that you must provide them with a copy of the paperwork and a notice that they have been sued for divorce. There are several ways to serve divorce papers in New York, and the best option for you will depend on your specific circumstances. Our attorneys can help you decide how to serve the papers and ensure that they are served properly.
Submit an Affidavit of Defendant. After you have served the divorce papers to your spouse, they have 20 days (if they live in New York) or 30 days (if they live out of state) to submit an Affidavit of Defendant. This form confirms that they have received the papers and provides them with an opportunity to respond. If your spouse does not submit an Affidavit of Defendant, you may be able to obtain a default divorce. Our attorneys can help you determine if this is the best option for you.
Complete the rest of the paperwork. If your spouse submits an Affidavit of Defendant, you must complete the rest of the paperwork. This includes the following forms:
Affidavit of Plaintiff
Affidavit of Defendant
Sworn Statement of Removal of Barriers to Remarriage (UD-9)
Submit the remaining forms to the Suffolk County Clerk’s Office. Once you have completed the remaining forms, you must submit them to the Suffolk County Clerk’s Office. Our attorneys can ensure that all paperwork is properly completed and submitted on time.
Attend the court hearing. In some cases, uncontested divorces require a court hearing. If your divorce requires a hearing, our attorneys can represent you and argue for a favorable outcome.
How Long Does an Uncontested Divorce Take in Suffolk County?
Uncontested divorces are typically much faster and less time-consuming than contested divorces. However, the exact length of time it will take to finalize your uncontested divorce will depend on several factors, such as the specific terms of your agreement and the court’s schedule.
Here is a general timeline that you can expect when filing for an uncontested divorce in Suffolk County:
Four to six weeks: It typically takes four to six weeks to complete the initial paperwork and serve your spouse with divorce papers.
One to two months: After your spouse has been served with divorce papers, they have 20 days (if they live in New York) or 30 days (if they live out of state) to submit an Affidavit of Defendant. If they submit this form, you must wait for the court to review the paperwork and schedule a hearing. This process typically takes one to two months.
One to two months: If your spouse does not submit an Affidavit of Defendant, you may be able to obtain a default divorce. This means that you do not have to go to court and the judge will grant your divorce based on the paperwork you have already submitted. The exact timeline for a default divorce will depend on the court’s schedule, but it usually takes one to two months.
Two to three months: If your divorce requires a hearing, you must wait for the court to review the paperwork and schedule the hearing. This process typically takes two to three months.
As you can see, the overall process typically takes between four and six months. However, it is important to remember that this is just a general timeline. The process may take longer if you and your spouse disagree on certain terms of your divorce or the court’s schedule is particularly busy.
Benefits of an Uncontested Divorce
As we mentioned earlier, uncontested divorces are typically faster, less expensive, and less contentious than contested divorces. However, these are not the only benefits of choosing an uncontested divorce. In fact, many people prefer uncontested divorces because they allow them to maintain more control over the outcome of their divorce.
Other benefits of an uncontested divorce include:
You can maintain a more amicable relationship with your spouse
You can keep your personal information private
You can create a more flexible, creative agreement
