While many people think of obtaining a divorce as a long and contentious process, in some instances, parties can dissolve their marriages in a relatively seamless manner via an uncontested divorce. There are certain requirements that must be met for a couple to be eligible for an uncontested divorce, though, including that they must agree on key issues such as child custody, support, and property division. If the parties cannot come to an agreement on such matters, they must proceed with a contested, litigated divorce, and one party cannot unilaterally deem a divorce uncontested. Recently, a New York court explained the grounds for vacating an order granting an uncontested divorce, in a case in which it was fraudulently represented that the divorce was uncontested. If you wish to end your marriage, it is prudent to meet with a knowledgeable New York divorce attorney to evaluate your options and whether you may be able to seek an uncontested divorce.
History of the Case
It is alleged that in 2010, a divorce petition seeking to dissolve the marriage of the husband and the wife was filed in a New York Supreme court and that subsequent documents were filed in the case averring that the divorce was uncontested. Thus, a final judgment of divorce was issued in February 2011. In April 2020, the wife filed a motion asking the court to vacate the judgment of divorce, alleging that the filings were fraudulent in that they contained forgeries of her purported signature.
Reportedly, the court then scheduled an evidentiary hearing to address the wife’s allegations. Prior to the hearing, however, the court received stipulations affirming that the divorce documents did not contain the wife’s or the husband’s authentic signatures. Both parties claimed ignorance regarding how or why the divorce petition and subsequent pleadings came to be filed. Regardless, though, the court concluded that the judgment of divorce was fraudulently obtained.