Syracuse, NY Contested and Uncontested Divorce Lawyer

Divorce proceedings can be stressful and intimidating if you do not have someone on your side that can help explain the process.  Whether your divorce is contested or uncontested, attorney Diana G. Cunningham can help.  Contact me to further discuss your individual case.

New York is a “grounds” state that requires grounds for divorce. There is no “irreconcilable differences” here. Those grounds include, but are not limited to:

• Cruel and inhuman treatment
• Adultery
• Abandonment for a year or more
• Three years imprisonment
• Living substantially by the terms of a written separation agreement
• Judgment of separation for a year or more

As an experienced divorce attorney, I have assisted many people in successfully completing their divorces.  I also am well qualified to address any of the issues that arise in conjunction with a divorce, such as:

• Child Custody and Visitation
• Child Support
• Paternity

I can also address rehabilitative maintenance, or what used to be called alimony, and is sometimes referred to as spousal support.  The amount of spousal support is dependent upon several factors including, but not limited to:

• The length of the marriage
• The disparity in the parties’ income
• The income earning capacity of both parties
• The lifestyle of the marriage
• Several other factors which will be considered by the Court in making a determination.

Part of all divorce actions includes the division of marital property and debt by a method called equitable distribution. This includes all:

• Bank accounts
• Retirement accounts
• Real estate
• Automobiles
• Household furnishings
• All other personal and real property, as well as all debt.

The general rule is that any asset or debt that was purchased or incurred from the date of the marriage until the date the divorce action is begun will be marital property and debt, and will be distributed in some fashion by the Court.

It does not matter who holds title to any of the real or personal property, or who incurred the debt. There are exceptions to what will be considered marital property and debt, and how that comes to be, but that is something best left for you to discuss in detail during a meeting with me. 

WHAT IS AN UNCONTESTED DIVORCE?

• An uncontested divorce, generally, deals only with the issue of divorce, the other matters having already been settled either by formal agreement of the parties or by orders from other Courts.

• There are various ways for this uncontested divorce to happen, the most commonly known method is what is called a “conversion divorce.” This is when one year has lapsed since the signing of a separation agreement that exists between the parties, or there is a Judgment of Separation, either party can sue the other for divorced based on their own compliance with the terms of the separation agreement for one year or more.

• In all other cases, one needs to have specific grounds for divorce, as stated above, and it is not uncontested.

• The concept of suing for divorce on grounds and incorporating a separation agreement is very similar, in theory, to situations where there is already a court order for custody and support of the children and a maintenance order (where appropriate), and you sue for divorce, based on grounds, but ask to incorporate the existing Court orders into a judgment of divorce.

• It is also possible to get a default divorce based on the other party not bothering to respond to any papers served, even if none of the other issues (children, equitable distribution, spousal maintenance, etc.) are settled, but this is extremely rare, and this office cannot treat this type of case as uncontested as all issues remain open to be contested. Although there are brief agreements that can be made to settle these issues in advance, and in that event, the divorce could be considered uncontested, this is a matter we must discuss for options other than an uncontested case.

This is a very brief and simplistic overview of bases for uncontested divorces and hopefully you have seen “your” case in this overview. Please contact me and ask any questions for clarification of any of this information that may be unclear.

Attorney Diana G. Cunningham confidently represents clients in a variety of family law, real estate and other legal matters in Syracuse, New York, the cities of Auburn, Oswego, Cortland Cayuga, the counties of Onondaga, Madison, Cayuga, Cortland, Oswego, and all of the surrounding areas.

Diana G. Cunningham
913 State Tower Building
109 South Warren Street
Syracuse, New York 13202
Phone: (315) 472-8655
Fax: (315) 472-5800
Email