Five Common Misconceptions About Uncontested Divorces
Clients come to our office with the hope of ending their divorces quickly so that they can go on with their lives. Many times they believe that filing for an uncontested divorce will accomplish this. However, we would like to clear up some common myths with facts.
Five common misconceptions about uncontested divorces
1. MYTH: A contested divorce is a divorce where one spouse does not want to get divorced. An uncontested divorce is one where both spouses agree they want a divorce.
FACT: An uncontested divorce is not an agreement on getting a divorce. It is an agreement upon the issues.
2. MYTH: It is cheaper for me to file for an uncontested divorce because only one lawyer is needed.
FACT: An attorney can provide legal representation to one party. While having one lawyer is plausible when all the issues are truly resolved, if a new issue does arise, a lawyer can advise only one party.
3. MYTH: We agree on all the issues
FACT: Many times, parties believe they agree on all the issues. However, parties do not think about long-term legal and financial consequences. They do not get into the specifics necessary, such as the division of personal/real property, child custody/visitation regarding minor children, the allocation of marital debt, and even car financing. They also do not realize that if settlement agreements are incomplete or unreasonably one-sided, the divorce decree will not be signed by a judge.
4. MYTH: If I file for an uncontested divorce, I will not have to complete financial affidavits stating my current financial circumstances.
FACT: Whether your divorce is contested or uncontested, you must be transparent in all financial matters.
5. MYTH: I do not know where my spouse is so I should file for an uncontested divorce.
FACT: An uncontested divorce requires agreement. If you cannot reach your spouse, you cannot reach an agreement.
Consult an experienced Long Island attorney for your divorce
Bryan L. Salamone & Associates, P.C. provides the aggressive representation you need to accomplish a 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.