Uncontested Divorce in New York: A Primer
When a marriage dissolves, there are a number of situations that may arise. Occasionally, both spouses will not both agree to the divorce or on some aspect of the divorce, such as property division. In those cases, the case would proceed as a contested divorce. Alternatively, sometimes both parties will agree on all terms of the divorce. Under those circumstances, there is no need for the parties to have a trial, as the divorce is uncontested.
Uncontested divorces are much less expensive, time-consuming and stressful. Divorce trials often require couples to share private and sometimes embarrassing details of their marriage in a public forum. Rather than coming to an agreement about the terms of the divorce, the couple leaves these decisions to a judge who does not know them and can often make an imprecise determination as to what is in the best interest of the couple and any children they may have.
To qualify for an uncontested divorce, a couple must reach a number of agreements. They must agree to the ground of the divorce, the division of assets and debts, custody of any child, as well as alimony and support payments.
An uncontested divorce does not mean that the spouses will not have attorneys, though they are not required to. Many hire attorneys to help them advocate for their rights and assist in the process. Experienced attorneys are skilled in negotiating the terms of a divorce, including property division, alimony, child support and custody. When divorcing spouses hire attorneys for these negotiations, they are often more quickly able to reach an agreement and can avoid landing in court for a divorce trial.
If you and your spouse are considering divorce, contact the experienced divorce attorneys at Bryan L. Salamone & Associates in New York.