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  1. #1
    airman is offline Junior Member
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    Uncontested Divorce Question

    What is the name of your state? NY

    My wife and i have been legally separated for 7 years. After a year of legal separation we went to court to get divorced.
    This was initiated by me. I stopped the proceedings as she kept wanting to add things(survivor benefits, etc.).
    Recently she said enough is enough and she wanted a divorce and wouldn't ask for anything more then stated in the legal separation papers. Out of spite, i told her i'd stay separated forever. Circumstances have appeared that have made me rethink the uncontested divorce.

    How does one obtain an uncontested divorce? Do both parties need to be involved or does the one show on the doorstep of the other with papers to be signed?

    Does one party need the okay of the other to seek an uncontested divorce? Lawyers needed? Both parties have to appear in court?
  2. #2
    seniorjudge is offline Senior Member
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    Q: How does one obtain an uncontested divorce?

    A: Both parties should sign the papers to get the lawsuit started.


    Q: Do both parties need to be involved or does the one show on the doorstep of the other with papers to be signed?

    A: Both need to be involved.


    Q: Does one party need the okay of the other to seek an uncontested divorce?

    A: Yes, otherwise it is a contested divorce.


    Q: Lawyers needed? Both parties have to appear in court?

    A: Preferably, yes and yes.



    Default judgments in lawsuits are NOT favored by the courts; it is best if both y'all do this together and then there will be no questions.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    airman is offline Junior Member
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    I would've thought with legal separation papers an uncontested divorce would be a 1-2-3 type of thing.
  4. #4
    seniorjudge is offline Senior Member
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    Quote Originally Posted by airman View Post
    I would've thought with legal separation papers an uncontested divorce would be a 1-2-3 type of thing.
    Why would you have thought that?

    From your other posts, your case certainly doesn't sound uncontested.
    There are two rules for success:

    (1) Never tell everything you know.
  5. #5
    stealth2 is offline Senior Member
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    If you're trying to get custody based on your wife's sexual orientation, I can guarantee that it isn't going to be uncontested for long.
  6. #6
    airman is offline Junior Member
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    I thought that by having legal separation papers drawn up and signed, it would've taken away any of the fighting over who is entitled to what when the time came for a divorce. True that this didn't happen when i first went for a divorce in 2000.

    In 2006, my wife said she had enough and it was time to get divorced and she wouldn't be asking for anything else. I had hoped that this admission on her part would've meant a speedy divorce that would involve less aggravation involving lawyers and courts. Your reply to my post makes that seem unlikely.

    Looks like it'll just be easier to stay separated.
  7. #7
    stealth2 is offline Senior Member
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    You can likely get an uncontested if you agree to give her custody - which she's already had for 7 years.
  8. #8
    airman is offline Junior Member
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    Quote Originally Posted by stealth2 View Post
    You can likely get an uncontested if you agree to give her custody - which she's already had for 7 years.
    Our legal separtion papers state that we have joint custody and she is the primary custodian for the kids and that they'd live with her.

    I just don't want to get involved again with something that'll cause numerous visits to court and possibly cost me $$$ with lawyers. Had enough of that in 2000. I guess i am trying to find the path of least resistance and there doesn't seem to be one.

    i was hoping that if my wife wanted an uncontested divorce, i wouldn't have to get that involved with it.
  9. #9
    seniorjudge is offline Senior Member
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    i was hoping that if my wife wanted an uncontested divorce, i wouldn't have to get that involved with it.


    Then tell her to have her lawyer draw up all the papers and you will sign them (after your lawyer approves).
    There are two rules for success:

    (1) Never tell everything you know.
  10. #10
    Bali Hai is offline Senior Member
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    Quote Originally Posted by airman View Post
    Our legal separtion papers state that we have joint custody and she is the primary custodian for the kids and that they'd live with her.

    I just don't want to get involved again with something that'll cause numerous visits to court and possibly cost me $$$ with lawyers. Had enough of that in 2000. I guess i am trying to find the path of least resistance and there doesn't seem to be one.

    Did your wife and a judge sign your original legal separation agreement?

    i was hoping that if my wife wanted an uncontested divorce, i wouldn't have to get that involved with it.
    If you have a legal separation agreement in NY for one year, you get an uncontested divorce. Your STBX wife can't change those terms without your approval AND the court's approval.

    Get a lawyer and get the damn divorce.
  11. #11
    BL
    BL is offline Senior Member
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    They do have uncontested Divorce packets at the Family Court Clerks Office .

    You fill them out ,follow procedures , send the UD 7 to the spouse for signature , and hope for the best , or as others have stated have your Lawyer do the leg work .

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