What is the easiest process for obtaining an uncontested divorce in New York for senior citizens with no assets or children?

Question from Lawrence J Tannor, What is the easiest process for obtaining an uncontested divorce in New York for senior citizens with no assets or children?

Answer from AI:

Obtaining an uncontested divorce in New York can be a relatively simple process, especially for senior citizens who have no assets, adult children, or property to divide. However, it is important to note that this information is for general guidance only and should not be considered legal advice. For personalized advice, consult with a legal professional.

Step 1: Determine eligibility for an uncontested divorce

To qualify for an uncontested divorce in New York, both spouses must agree on all issues related to the divorce, including:

• Grounds for divorce
• Division of assets and debts
• Spousal support (if applicable)

Since you mentioned that there are no assets, adult children, or property to divide, it seems that you may be eligible for an uncontested divorce.

Step 2: Choose the grounds for divorce

New York recognizes several grounds for divorce, including:

• No-fault divorce: Irretrievable breakdown of the marriage for at least six months
• Fault-based divorce: Adultery, abandonment, cruel and inhuman treatment, or imprisonment
• Legal separation: Living apart for at least one year under a written separation agreement or court order

Since you have been separated for 17 years, you may choose either no-fault divorce or legal separation as your grounds for divorce.

Step 3: Complete the required forms

To start the uncontested divorce process, you will need to complete several forms, including:

1. Summons with Notice (Form UD-1) or Summons and Verified Complaint (Form UD-2)
2. Notice of Automatic Orders (Form UD-3)
3. Notice Concerning Continuation of Health Care Coverage (Form UD-4)
4. Sworn Statement of Removal of Barriers to Remarriage (Form UD-5, if applicable)
5. Affidavit of Defendant (Form UD-7)
6. Affidavit of Plaintiff (Form UD-6)
7. Child Support Worksheet (Form UD-8, if applicable)
8. Findings of Fact/Conclusions of Law (Form UD-10)
9. Judgment of Divorce (Form UD-11)
10. Part 130 Certification (Form UD-12)
11. Request for Judicial Intervention (Form UD-13)
12. Notice of Entry (Form UD-14)

These forms can be found on the New York State Unified Court System website. Be sure to read the instructions carefully and fill out the forms completely and accurately.

Step 4: File the forms with the court

Once you have completed the required forms, you will need to file them with the appropriate county clerk’s office. There may be a filing fee, but you can apply for a fee waiver if you cannot afford it. After filing, you must serve the papers on your spouse according to the rules of the court.

Step 5: Wait for your spouse’s response

Your spouse has 40 days to respond to the divorce papers. If they agree with the terms of the divorce and sign the Affidavit of Defendant (Form UD-7), the divorce can proceed as uncontested.

Step 6: Submit the remaining forms and obtain a judgment of divorce

After your spouse has agreed to the divorce, you can submit the remaining forms to the court. The court will review the documents and, if everything is in order, issue a Judgment of Divorce. This document officially ends your marriage.

In summary, the easiest process for obtaining an uncontested divorce in New York for senior citizens with no assets or children involves determining eligibility, choosing the grounds for divorce, completing and filing the required forms, and obtaining a judgment of divorce. It is always recommended to consult with a legal professional for personalized advice and assistance with the process.