For many divorcing couples in Long Island and across New York, an uncontested divorce is the ultimate goal. They want to minimize their time spent in court by working with their spouses toward a mutual agreement. Most people say they would prefer this path as opposed to an acrimonious and contested divorce in court. One reason is that in an uncontested divorce filing, a couple retains control over the outcome of their split, instead of ceding their autonomy to a family law judge.
The benefits of an uncontested divorce are fairly clear. Most people are aware that divorce litigation is costly, time-consuming and contentious. Many also worry about the obligation to make formal financial disclosures in open court and the expenses incurred when litigating matters related to property division, financial support or child custody. As a general rule, litigated or contested divorces take longer to finalize and result in consistently higher costs than uncontested divorces.
Some couples use a prenuptial or postnuptial agreement with clear, enforceable terms to reduce the likelihood of a litigated divorce if their marriage fails. However, many couples do not have marital contracts in place and must settle divorce disputes without them. Those couples have several options available to them to make an uncontested divorce a feasible goal:
Another option is alternative dispute resolution, including mediation or arbitration, to work through the disputed terms with the help of a neutral professional. Parties might prefer these methods to maintain confidentiality. Mediation is frequently a tool used by those hoping to settle before filing their divorce petition or while waiting for a court date.
Engaging in direct negotiations while preparing for divorce court is another potential option. Spouses who retain lawyers may rely on their attorneys to facilitate settlement discussions in pursuit of an uncontested filing. When couples are motivated enough, especially if they seek to preserve a cooperative relationship as co-parents, this route can be very successful.
Exploring different divorce solutions can help those who don’t agree on key terms for a divorce reach an amicable settlement before going to court without facing the challenges of traditional litigated divorce. Spouses who work through their disputes outside of the court system can control their costs, protect their privacy and maintain enhanced control over the outcome of their case.
Bryan L. Salamone & Associates, P.C. represents Long Island residents in all types of divorces and other family law matters. When you speak with us, we’ll examine your particular circumstances and find the best way to accomplish your objectives. For a consultation, please call 631-388-6009 or contact us online.