Considerations in an uncontested divorce in New York: Brooklyn divorce, family law attorney answers your questions
If you’re considering getting divorce, or have already decided to go through with it, then you know that there is a lot to think about and a lot of questions on your mind, including how to go about the process. You might have seen or heard phrases like “contested” divorce and “uncontested divorce.” But what does “uncontested” divorce actually mean?
Simply put, an “uncontested” divorce can occur when there is no dispute between the spouses on how to dissolve the marriage. The spouses are able to agree on the grounds for divorce, on how to divide the marital assets, and on the amount of alimony to be paid or whether alimony should be waived altogether. If there are children of the marriage, they are also in agreement on the custody and parenting time arrangement, and the amount to be paid for child support.
If it seems that you and your spouse can get on the same page about these issues, then an uncontested divorce will likely be right for you. An uncontested divorce is also usually the right path if there are truly no marital assets to be divided and neither spouse qualifies for alimony, which often occurs in a marriage of very short duration.
If a divorce proceeds as uncontested, the parties never have to go to Court or see a judge. Instead, the various divorce documents, including the Judgment of Divorce – the official document dissolving the marriage-are prepared and submitted to the Court for review and signature. After everything is approved and signed, the parties will be officially divorced.
Even if you believe that your divorce is likely to be uncontested, it is still a good idea to consult with and retain an experienced divorce attorney. It may seem cost effective to do the process yourself. However, the terms of the final Judgment of Divorce are binding and enforceable under the law, and if you are later dissatisfied with any provision, it may be harder and more costly, if not impossible, to amend it than it would be to get it right the first the time.
Not only will the attorney prepare the necessary documents for submission to Court, but more importantly, they will help you identify and understand the issues involved in your case and your options for the best amicable resolution of your case, including whether you should do a written settlement agreement and if a financial disclosure between you and your spouse would be a good idea before proceeding with finalizing an agreement. Sometimes, a party believes that there are no assets of the marriage to be divided or that they are not entitled to alimony, but that is not the case under the law. Even in the context of an agreement with your spouse, an attorney will assist and guide you in understanding your rights with regard to equitable distribution (division of marital assets), alimony, child support, custody and visitation.