When both parties involved in a marriage have worked out the important issues pertaining to their divorce without court help, it is considered an uncontested divorce. Uncontested divorce, often called the simple divorce, is the very common due to its simplicity and low cost. If a husband and wife can agree on the terms for division of property, child custody and child support issues, then they can usually separate amicably.

Even though you and your spouse may be parting on good terms and agreeing on important issues, it is still in your best interest to speak with an attorney. The Law Office of Brian D. Perskin has handled many uncontested divorce cases successfully. When you work with our Firm, you can be assured that you will be retaining an experienced divorce attorney who will guide you through this process.

Certain requirements must be met before we are able to file your uncontested divorce in New York. If you meet the following requirements, we can represent and counsel you:

• You and your spouse agree on the grounds for divorce, which are:

• Abandonment (must be for more than one year)
• Constructive abandonment (either you or your spouse has refused to have sexual relations for more than one year)
• Adultery
• Written Separation Agreement
• Cruel and Inhumane Treatment

• If you have Children, you and your spouse must agree on Custody of the Children and the exact amount of child support or have an Order from Family Court.
• There is property to divide between the two of you. This includes bank accounts, pensions, real and personal property. In New York State, it does not matter whose name is on the accounts or the property. Any property acquired during the marriage is considered Marital and is subject to equitable distribution. Also any increase in value of Separate Property may be subject to equitable distribution.
• You or your spouse has lived in New York for at least one year.

The Law Offices of Brian D. Perskin will only represent you. Under no circumstances will our office represent both the husband and wife. There are ethical principles involved, and our Firm takes them into close consideration.

When you work with one of our attorneys, we will go through the key issues surrounding your divorce. We will also prepare all legal documents for the execution of your divorce and send them to your spouse so they can be signed. Our attorneys will listen to what you have to say and answer all of your questions. We pride ourselves in providing our clients with the information they need keep the process simple, prompt, and painless.