An article published in Today’s edition of the New York Law Journal highlighted the longstanding practice among New York divorce lawyers of filing uncontested divorce cases in New York County (Manhattan) rather than in other boroughs. In the article, several divorce lawyers expressed their preference for filing in Manhattan because the divorces tend to proceed more quickly in New York County. In addition, New York County matrimonial judges and clerks tend to be more efficient and knowledgeable.
A divorce is considered “uncontested” when both parties involved in a marriage have worked out the important issues pertaining to their divorce without court help. Uncontested divorce, often called the simple divorce, is very common due to its simplicity and low cost. If a husband and wife can agree on the terms for division of property, child support and custody, and related issues, then they can usually separate amicably. Frequently, this involves the signing of a marital separation agreement or stipulation of settlement, in which the parties resolve all financial and other ancillary issues.
Oftentimes, a client comes to our office and is unsure whether or not their divorce will be contested or uncontested. By reviewing the circumstances of their marriage, we can help them identify issues, and frequently offer guidance about how they can reach an agreement with their spouse regarding financial and other matters. Thus, a consultation with a qualified New York divorce attorney is sometimes the key to proceeding with an uncontested divorce, and avoiding the stress and legal fees associated with contested proceedings.
The divorce lawyers at Rapaport Law firm handle a high volume of both contested and uncontested divorces. Due to the central location of our firm’s offices in Midtown Manhattan (we are located in the Empire State Building) we find that filing of cases in Manhattan’s Supreme Court is the most convenient option. It is also our experience that divorces (both contested and uncontested) proceed from start to finish far more quickly in Manhattan than elsewhere.
The New York Law Journal’s article states that New York County’s matrimonial judges are burdened by the number of divorce filings in this borough. However, under current law, New York County is an “open” county, and New Yorkers are permitted to file their divorce papers in Manhattan regardless of where they reside in New York State. In comparison with Queens or Brooklyn, the New York County Supreme Court handles uncontested divorce filings with lightning speed.
Rapaport Law Firm has handled uncontested divorces in New York City since 1995. We handle New York divorce cases in all counties in NY and NJ – as well as all other family law matters.