An “uncontested” divorce, as opposed to a “contested” divorce, is when both spouses agree with respect to all of the issues concerning the dissolution of their marriage. Both must want the divorce and agree on all of the issues relating to the specific grounds for the divorce, including child custody, visitation rights, child support, and spousal maintenance, as well as an equitable division of the marital property. If all issues can be resolved before the divorce is filed, neither party must appear in court, and the divorce can be filed as “uncontested” from inception.
Grounds for Divorce in New York State
The “grounds” for a divorce are legally recognized reasons for the dissolution of a marriage. In New York, a Judgment of Divorce may be granted based upon one or more of the following recognized causes of action:
A Civil Annulment is a legal procedure for declaring a marriage null and void. An “annulment” differs from a divorce in that a divorce terminates a legal status, whereas an annulment establishes that a marital status never existed.
Annulment Grounds in New York State
The “grounds” for an annulment are legally recognized reasons for the nullity of a marriage. In New York State, a Judgment of Annulment may be granted based upon one or more of the following recognized causes of action: