Uncontested Divorce: Are You Sure?
Amicable partings do not always lead to an uncontested divorce.
In New York, an uncontested divorce is possible when both parties agree to all issues or one party fails to respond to the proceeding. It is common for couples with no children and few assets in a marriage of relatively short duration to end their marriage quietly and move on.
While couples in longer marriages with children do successfully handle divorce, the issues are more complicated, including:
- Spousal support: In New York, either party may seek spousal support. In longer marriages, it is possible one partner became economically marginalized helping his or her spouse advance in a career. This occurs when one partner acts as primary caregiver of children. In these instances, spousal support often becomes a contested issue.
- Child support and parenting time: The state of New York expects both parents to financially care for their children. While calculation of child support flows from state guidelines, disagreements concerning income and custody occur when one party seeks to pay less—or receive more.
- Property division: Division of assets and wealth during divorce has an impact on the financial future of parties to a divorce. With high-asset divorce or in older age, negotiations slip into disagreement when a lifestyle is threatened by reduced financial circumstances.
There are surprises in each divorce. Negotiation and mediation help couples resolve differences and end their marriage relationship without bankrupting either party emotionally or financially.
If you are able to resolve all issues of divorce with your spouse, be sure to have a divorce attorney review your agreement before you sign on the bottom line.
If you are considering divorce or wondering about issues like property division in Long Island, seek experienced legal advice. My firm, Bryan L. Salamone and Associates, P.C. offers skilled, aggressive legal representation to help you and your family toward a bright future.