New York residents who are approaching the end of a marriage may be a bit bewildered as to starting the process and filing the necessary paperwork. When residents of New York seek a divorce, they must generally determine if their divorce is contested or uncontested. Many spouses may automatically assume their divorce is uncontested, but this may not be the case.
According to the New York courts, an uncontested divorce is one in which both spouses are in agreement on all divorce legal issues: spousal support, child custody, child support, property division and so on. In addition, in order for a divorce to be defined as uncontested, the other spouse must also agree to the divorce - or, at least, not appear to be against it.