What to Know About Uncontested Divorce in New York
An uncontested divorce is the simplest, most pain-free divorce process available. Essentially, it means that both parties are able to agree on all the major issues in their divorce, including how they will share parental responsibilities, child support and custody arrangements, alimony payments and the division of shared property and debts.
If the parties are able to agree on these important elements, they will be able to file their papers in court without having to make any formal court appearances. Then, once the minimum time period has elapsed, their divorce will be final and legally binding.
The following are a few things to keep in mind about uncontested divorce:
- Couples with minor children have more issues to navigate: If you and your spouse have children, you will need to deal with custody, child support and various other issues. This can make it much more difficult to engage in an uncontested divorce — although it is possible.
- You should still hire an attorney: Even if you expect you and your spouse will agree on all the issues in your divorce, you should still work with a lawyer to make sure you remain completely informed of your rights and obligations. At the very least, a divorce attorney can go over your paperwork and make sure you are getting what you need out of the process.
- It might not be realistic: An uncontested divorce may not be right for your situation, so you should not enter the divorce with the expectation that everything will go smoothly. Even the most cordial divorce cases typically have at least a couple areas of minor conflict that need to be worked out through negotiation.
For more information and guidance on the divorce process, contact a knowledgeable Nassau County family law attorney with Bryan L. Salamone & Associates.