Long Island Law Firm Simplifies the Uncontested Divorce Process
Experience helps ensure a quick resolution
When most people hear the term “uncontested divorce,” they think of an amicable divorce. But this is not always the case. A divorce in New York is uncontested if it doesn’t go to trial. There may be many divisive and contentious issues that the spouses, through their attorneys, have to hash out, but this hard work is done in negotiation and mediation, rather than the courtroom. Don’t think that, because your spouse is open to an uncontested divorce, you don’t need aggressive representation. At Bryan L. Salamone & Associates, P.C., we’ve managed hundreds of divorces. We understand that getting an opposing party to say yes to a proposal is often more difficult than getting a judgment in court. Moreover, agreeing for the sake of agreeing is never in your interest. We help ensure that when your divorce is uncontested, we’ve protected your rights.
How to get an uncontested divorce on Long Island
There are a number of steps to take towards an uncontested divorce. There are several factors that determine how long an uncontested divorce takes or how much an uncontested divorce costs. We counsel our clients to:
- Review the residency requirements — New York has various ways of qualifying. The minimum qualification is one year of residency with other factors, such as having been married in New York, or living as husband and wife in New York.
- Consult an attorney — A petitioner for divorce has to file more than a dozen forms just to get the process started. Then you have to arrange service of process according to the laws of the state in which your spouse resides. This is not something you want to attempt without speaking to an experienced divorce attorney. Of course, the filing is the simple part — negotiating terms you can live with is much more difficult. In consultation with your attorney, you identify your goals for life after divorce. You have to be realistic and specific about your property demands, support obligations, who gets custody of the children, and how you want them raised.
- File “no-fault” — In October 2010, New York joined the majority of the states in the country by offering a form of “no-fault” divorce. Now a petitioner only has to assert that the relationship is irretrievably broken, rather than proving that bad conduct by their spouse makes remaining married impossible. No-fault grounds makes settling out of court much easier to achieve because it is one less thing for the couple to fight about, so the divorce can start on a less adversarial footing.
- Negotiate — You’ve given your attorney instructions about your optimum terms and minimally acceptable alternatives for a settlement agreement, now it’s time to sit down and haggle with the other side. Negotiations always involve compromise, but at Salamone & Associates, we are determined to resolve your divorce on the best terms possible.
- Reach a settlement agreement — If, on the whole, your negotiated agreement is acceptable, you can commit to a settlement. If any of the terms are not acceptable, you can sign a partial settlement, but you have to resolve the remaining issues, either through mediation or fighting in a contested divorce proceeding.
- Present the settlement agreement for court approval — The court generally accepts marital settlements unless the terms violate public policy or are so one-sided that they shock the conscience. When the court approves, it dissolves the marriage, and the terms of the settlement are incorporated into the court order.
An uncontested divorce is the quickest and most cost-effective means of dissolving a marriage in New York. However, it takes hard work and legal experience to accomplish on the best terms.
Consult an experienced Long Island attorney for uncontested divorce. Call us today.
Bryan L. Salamone & Associates, P.C. provides the aggressive representation you need to accomplish an uncontested divorce on the best terms possible. To schedule a free initial consultation with a knowledgeable attorney, call us at 1.631.479.3839 or contact our office online. Start the process right away by picking up the phone now!