Uncontested International Divorce in New York
New York law allows couples to get a divorce on consent through an expeditious process: “uncontested divorce” (similar to “divorcio mutuo consentimiento”, “协议离婚 (xieyi lihun)”, “協議離婚” (kyogi rikon)”, “divorce par consentement mutuel”). Getting an uncontested divorce in New York is often a practical and efficient solution for couples living internationally.
Basic Requirements for Filing an Uncontested Divorce in New York:
Under New York law, an uncontested divorce can be obtained when following requirements are met:
§ Both or one of the spouses meet the New York residency requirement for divorce.
§ The ground for divorce is satisfied.
§ There are no disputes over any financial or divorce-related issues (i.e., child custody, child support, division of marital property or spousal support).
§ Both parties consent to the divorce or one party fails to respond in the divorce action.
The residency requirements in New York may be confusing and are in fact complicated in some situations. Generally, if one of the spouses has resided in New York for more than one year, a divorce action can be brought in New York by either spouse. For more information about New York’s residency requirements for divorce is available, please read the guide on Who Can File for a Divorce in New York.
To grant a divorce, New York courts do not require:
§ Length of marriage: You may file for a divorce no matter how long you have been married.
§ Pre-divorce separation: You may file for a divorce no matter how long you have been separated. You may file for a divorce even if you are still living in the same residence(s).
§ Pre-divorce counseling or mediation: You will not be required to go through mediation or counseling.
What are the documents needed for filing an uncontested international divorce?
Typically, the documents required for an uncontested divorce are following:
§ Both or one of the spouses’ consent to an uncontested divorce;
§ Both or oneof the spouses’ statements that the requirements for an uncontested divorce are met;
§ Proof of service that the defendant of the divorce action has been served with notices of the divorce action in New York; and
§ A written settlement agreement that provides terms of child custody, child support, division of marital property or spousal support.
*A written settlement agreement is not required in an uncontested divorce without children.
How long does it take to get an uncontested international divorce in New York?
Typically, it takes about 8-12 weeks for a New York court to decide and grant an uncontested divorce.
How much does it cost to get an uncontested international divorce in New York?
You will receive specific information about the cost at the initial consultation. An uncontested international divorce is usually charged at a flat fee rate. In most uncontested international divorce cases, the total cost, including attorney’s fees, court filing fees and miscellaneous expenses, is between $1,500 – $2,500.
Validity of a New York Judgment of Divorce
Normally, a New York judgment of divorce obtained in compliance with New York law and relevant international law will be valid automatically in any country or state. Before I accept your case, I will evaluate whether your divorce is under New York jurisdiction and whether your New York divorce will be recognized in a foreign country.
