An uncontested divorce in New York State is a paperless process that allows a couple to finalize their divorce without a court appearance if they have agreed on all terms, including property division, custody, and alimony. Significantly less time, money, and stress than a contested divorce.
Eligibility requirements for an uncontested divorce
- Residency requirements: One member of the couple has lived in New York State for at least one year, or married in New York and one member has lived in New York for at least one year
- Grounds for divorce: “Irretrievable Breakdown” - stating that the relationship cannot be repaired for 6 months or more.
- Full consensusAgree on everything: property division, custody, support, alimony, etc.
Procedure
- Create an agreement: Spell out all terms in the Separation Agreement
- Prepare your paperwork: Create court filings such as summonses, verified complaints, etc.
- Court filingsFile with the County Clerk (filing fee $210)
- Serve the other partyFormal service of process on the other party
- Sign the agreement: Affidavit of Defendant signed by the other party
- Judge reviewJudgment of Divorce after the judge reviews the documents
Cost and timeframe
- Court filing fees: $210
- Attorney feesUncontested divorces are typically contingency fee arrangements.
- DurationAbout 3-6 months from filing to judgment
Special considerations for Korean-American couples
Relationship to divorce in Korea
If you get divorced in New York, your divorce is finalized under U.S. law. To have it recognized in Korea's family register, you must apply to the Korean family court for recognition of the foreign judgment.
Korea Asset Split
Real estate or savings in your home country may also be subject to property division in a New York divorce. New York follows the “Equitable Distribution” doctrine.
Permanent residency
If you are divorcing while in marriage-based conditional permanent resident (2-year) status, you will need to apply for an I-751 waiver. Your divorce decree is the key evidence.
Frequently asked questions
Q. Can I get an uncontested divorce if my spouse is in Korea?
Yes, you can. If you meet the New York residency requirements and the other party agrees, you can proceed with international service of process on your spouse in your home country.
Q. Is there any disagreement?
You must agree on everything to have an Uncontested divorce. If you can't agree on anything, it's a Contested divorce. A lawyer can often mediate and help you reach an agreement, so talk to them first.
Agreed divorce, quick and clean. Contact the Law Offices of Jin Dong Cho for an uncontested divorce consultation.
Phone: (718) 353-2699 | Email: jd@choattorneys.com
