Even if you and your spouse agree to an uncontested divorce—meaning a more amicable type of separation—you still need someone in your corner. Consider the German fairy tale “Iron John”: A prince is set on a quest to experience the sorrows of the world. He’s told, however, that should he need extraordinary help, he need only call, and he’ll be assisted by a man covered in iron-like armor. It’s a parable about growing up, struggling, and learning to trust those you don’t know intimately.
For many, divorce represents an end to a stage of life as important as childhood. And at the Cimino Law Firm, PLLC, Michelle Cimino (JD, Syracuse University) has the iron will to come to your aid. You need only call.
Uncontested Divorce Meaning
An uncontested divorce means that the parties involved have already come to terms regarding the division of assets, financial arrangements, and child custody. It’s the simplest form of divorce, contrasting with the much more combative contested divorce. Uncontested divorce is by far the most common type of divorce.
According to the National Center for Health Statistics, there were 2.4 divorces per 1000 people in New York in 2023. It’s difficult to tell whether that number will increase or decrease. Recent data suggest that divorce rates aren’t as high as they were in the 1990s. But one never knows. It’s Michelle Cimino’s job to be there for you, whether divorce takes you by surprise or not.
The Uncontested Divorce Process
After your spouse fills out their Affidavit of Defendant, your uncontested divorce can be calendared—that is, it can be scheduled to go before a judge. After calendaring, you’ll need to file forms with your County Clerk’s Office. These may include:
- Note of Issue
- Request for Judicial Intervention (RJI)
- A photocopy of the Summons With Notice or Summons and Complaint
- Affidavit of Regularity
- Affidavit of Plaintiff
- Sworn Statement of Removal of Barriers to Remarriage (if your marriage was part of a religious ceremony)
- Affidavit of Defendant or Affidavit of Service, completed and signed in front of a Notary Public, by the person who served the Defendant
- Findings of Fact and Conclusions of Law
- Judgment of Divorce
- Part 130 Certification
- Certificate of Dissolution of Marriage
Filing these papers costs at least $335 in the state of New York. The total cost of an uncontested divorce will be, of course, higher. But how much higher is difficult to say before a formal consultation with an attorney.
The Meaningful Benefits of an Uncontested Divorce
All types of divorce take an emotional and financial toll on the parties involved. Regardless of your reason for pursuing divorce, you’re likely seeing a lawyer at a personal low point.
Happily, an uncontested divorce has benefits over other types, which include:
- Control: Because both parties come to terms early in the process, you retain greater control over outcomes in an uncontested divorce.
- Cost-effectiveness: An uncontested divorce costs less than one that requires lengthy legal battles.
- Speed: Other types of divorces tend to take much longer.
Contested divorce, on the other hand, is often costly, ugly, and drawn-out. That doesn’t mean it isn’t sometimes the best course of action. But if you and your spouse can agree to an uncontested divorce, you’ll experience far less stress in the short term.
Call the Cimino Law Firm, PLLC for Help
Make no mistake, even an uncontested divorce can keep you up at night. There’s a great deal to consider, and the emotional and legal complexities can quickly become overwhelming. Michelle Cimino understands this and aims to be your iron-clad defender.
Michelle Cimino has been helping clients like you for nearly 30 years. Contact her for uncontested divorce advice today.
