As the last jurisdiction to approve no-fault divorce, New York lagged behind some states by several decades. Since the change occurred in 2010, most couples within the state have chosen to use this method of marriage dissolution. Instead of having to prove that their husband or wife committed some sort of marital misconduct, a spouse in the Empire State now only has to show an irretrievable breakdown in the relationship for at least six months.
In February, New York made another change away from the old system that required an adversarial proceeding. State court officials announced the introduction of the uncontested joint divorce program, which allows couples to file for divorce together, rather than one spouse filing against the other. This innovative approach aims to reduce paperwork, save time and ease the emotional and financial burdens often associated with the legal dissolution of a marriage.
The specific documents used to seek an uncontested divorce depend on whether or not the couple has a child under 21 years old. In either situation, this option removes the traditional process by which one spouse initiates the legal action, then waits for a response, and so on. This can cause a cause to drag on, even if the parties have agreed on all parenting and financial terms.
Even if you believe that an uncontested joint divorce is the right choice, it is important to retain a skillful attorney before you start negotiating terms relating to child custody, alimony, child support and property division. Many spouses make the mistake of rushing into an unfavorable settlement to avoid conflict and put their marriage difficulties behind them, but later on realize that they should have sought a better deal.
At Bryan L. Salamone & Associates, P.C., we offer a simple divorce solution that protects clients’ interests while making every effort to avert the time, expense and aggravation of litigation. By reducing the procedural hurdles and fostering collaboration, the introduction of uncontested joint divorce can make things even easier for couples looking to end their marriage on amicable terms. Our firm represents clients throughout Nassau and Suffolk counties in all types of divorce proceedings. Please call 631-388-6009 or contact us online to talk about your options with a knowledgeable New York family lawyer.