Divorce often begins as an
emotionally charged dispute between
two people. If encouraged and
unchecked, the dispute can grow into
a raging battle involving lawyers,
judges, court-appointed
professionals and, most
distressingly, the parties'
children. Often times, more energy
and money is wasted in the fight,
and little is left for the parties
to help them restart their lives.
DISCLAIMER:
This site and any information
contained herein are intended for
informational purposes only and
should not be construed as legal
advice. Seek competent legal counsel
for advice on any legal matter.
An uncontested divorce is one in
which both parties agree to the
divorce and the terms of the
settlement without going to trial.
This does not mean there are no
arguments or disputes between the
spouses. It simply means the spouses
reach an agreement without going to
court and having a judge resolve
contested issues.
An uncontested divorce, as apposed
to a contested divorce, is where
both spouses agree with respect to
all issues concerning the
dissolution of their marriage. That
is, both spouses must want the
divorce and agree on issues relating
to the grounds for the divorce,
custody of the children, visitation
rights, child support, spousal
maintenance as well as an equitable
division of the marital property.
Uncontested
divorces move much faster through
the court system and are therefore
less expensive. In addition,
bypassing the lengthy litigation and
trial process tends to reduce
hostility and allows the former
spouses to move on with their lives
more quickly.
The “grounds” for a divorce is
nothing more than a legally
recognized reason for the
dissolution of a marriage. New York
is “fault” state. That is, New York
does not recognize “no-fault” causes
of action such as “irreconcilable
differences.” In New York, a divorce
can only be granted based upon one
or more of the following causes of
action:
* Adultery, or *
Actual abandonment, or *
Constructive abandonment, or *
Cruel and inhuman treatment, or *
Conversion of a written and
acknowledged separation agreement
after living separate
and apart for
more than one year.
In
reviewing your particular case, our
attorneys will be sure to explain
the various options and their
significance.
3. Will I
need to visit your office for a
consultation?
Not unless you prefer to meet in
person. Office visits are not
required at any time. Once we have
been retained you will have an
opportunity to consult with one of
our matrimonial attorneys by phone
or, if you prefer, you may schedule
an in-person meeting at our offices.
We are always available for
questions and inquiries by phone or
email. All document communication
can be handled by mail, email or
fax. Documents requiring a signature
will be mailed to you, with clear
instructions and will include a
return envelope for a prompt
response.
That depends on the level of
cooperation we get from your spouse.
If you and your spouse have come to
an agreement regarding the division
of property, child support payments,
custody and visitation, then all
that remains is to file a civil
uncontested divorce. The faster your
spouse signs and returns the
necessary paperwork, the faster it
can be finalized and filed with your
local county clerks office. If
everything runs smoothly, you may
receive a Judgment of Divorce in as
little as 4-8 weeks from the date we
file. Please, keep in mind that some
counties require both spouses finish
a family parenting class (if
children are involved), which may be
necessary to finalize the divorce.
Generally, in an uncontested matter,
after your spouse is served he or
she has the option of signing what
is called a "Defendant's Affidavit
of Consent" which essentially allows
the divorce to be immediately placed
on the courts calendar, waiving all
applicable time periods.
As long as your divorce remains
uncontested, you will not have to
make any court appearances. We will
handle the entire process via mail,
phone, email or fax. However, there
are circumstances where at one of
the parties needs to make an
appearance to finalize the divorce.
7. What
happens if an uncontested divorce
becomes contested?
This is always a possibility. After
your spouse is served with the
divorce papers, he or she may decide
to contest the divorce. Often times,
a divorce may be contested where the
defendant spouse does not agree with
the specified grounds for divorce,
the relief sought, demands for
support, or the terms of property
division or child custody
arrangements. If this happens, then
your uncontested divorce becomes
contested and it will cost you (and
your spouse) significantly more in
legal fees (and time, including
court appearances).
8. How can I
avoid the possibility of my divorce
becoming contested?
The best way for you to avoid a
contested divorce is by arriving at
a consensus with your spouse
regarding such matters as child
support (if applicable), spousal
support (if desired), or the terms
of property division or child
custody arrangements. If you and
your spouse are on civilized terms,
you should attempt to involve your
spouse in the divorce process as
early as possible. This will ensure
that he or she is not surprised by
your actions and therefore less
likely to contest the divorce.
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