Uncontested Divorce Lawyer
We understand that divorce can be difficult for many people and strive to make the process as smooth and stress-free as possible. If you need a New York uncontested divorce lawyer, contact Michelle Bullock Law and Mediation, PLLC.
What is an Uncontested Divorce?
An uncontested divorce is a formal dissolution of the marital relationship in which both parties agree to the divorce and do not intend to contest it.
What are the Benefits of an Uncontested Divorce?
The main benefits of an uncontested divorce are that it can be faster and far less costly than a contested divorce, both financially and emotionally. With this agreement, all or most terms, such as:
- spousal support
- child custody rights
- and division of assets
have been decided on beforehand by mutual agreement between spouses.
How to Qualify for an Uncontested Divorce in New York
Grounds for an uncontested divorce in New York, both parties must agree on the no-fault reason for the divorce. This means both parties must agree that the marriage is irretrievably broken and cannot be saved. Additionally, one of the spouses must have been a resident of New York for at least two years before filing for divorce. Lastly, both parties must agree on all issues related to their case, such as child custody, division of assets and debts, alimony payments, etc.
How Long Do Uncontested Divorces Take?
Uncontested divorces are typically resolved within a few months, depending on the court’s availability. For experienced legal advice, contact Michelle Bullock Law and Mediation, PLLC.
What Can We Do if We Can't Agree on Everything?
When faced with disagreements, it is important to stay open-minded and maintain a sense of mutual respect. The best approach is to listen to the other person's arguments and discuss the issues honestly and constructively. If it is impossible to agree, exploring creative solutions such as compromise or collaboration can help the parties continue forward without sacrificing too much. Finally, involving a neutral third party, such as a mediator or experienced attorney can be beneficial for working through complex disputes.
What Is the Uncontested Divorce Process in New York?
Getting an uncontested divorce in New York consists of three steps:
1. Filing for Divorce
2. Serving Your Spouse with the Divorce Papers
3. and Waiting.
After this is done, a waiting period follows, as your spouse has thirty days to respond. If no response is received during this time, the divorce can proceed without any challenge from either party; it would then become an uncontested divorce.
Circumstances Where Uncontested Divorce Can Become Contested
Only if both parties consent to handle every aspect of the divorce could it be considered "uncontested." A disputed divorce occurs when the spouses disagree on important issues, like marital property or property division- even after extensive discussion. If there is even one point of contention between the spouses during the divorce process, the divorce will be contested.
Similarly, remember that just because something seems contentious at first glance does not necessarily guarantee that it will remain such. Even though a divorce is quite acrimonious at the outset, it may be feasible to reach a compromise and end all hostilities. The parties could often resolve their issues and avoid going to trial altogether through alternative dispute resolution techniques like mediation. Hiring a skilled divorce attorney can significantly simplify the bargaining process.
Why You Need an Experienced Divorce Attorney for an Uncontested Divorce
An experienced divorce attorney helps you understand the legal implications of your decisions. They will be able to explain the law in plain language and advise on how to protect your interests best. Additionally, they can help you navigate the court system and ensure that all paperwork is filed correctly and on time. Here are some other reasons hiring an experienced lawyer is a good idea.
Hiring an uncontested divorce lawyer is essential because they are experienced in negotiating settlements with the other party and ensuring that all assets, debts, spousal support, and child support, if applicable, are distributed fairly and according to the law.
An uncontested divorce lawyer can also advise you on your legal rights and provide insight into what a court may consider when deciding on the division of property or other matters related to your case.
Divorce proceedings can be finalized independently if they are uncontested. For this, you'll need to fill out all necessary papers and file them in the correct sequence. Once you've submitted your documents, you won't be able to make any modifications or corrections. After divorce papers have been filed, strict time limits must be met. If you make any mistakes during the divorce process, it will stall.
When your divorce hearing, you'll bring a divorce agreement that the judge will approve. If you can't develop a fair separation agreement, the judge may establish one for you.
If you choose an experienced attorney, your uncontested divorce will move along as quickly as the law allows. They will be able to help you through each stage and ensure that all of your questions and concerns are addressed, including the potential tax implications of the distribution of marital assets.
Both parties can end the relationship amicably and privately with an uncontested divorce.
A low-cost uncontested divorce represents the most obvious benefit. A divorce that begins and remains uncontested is typically the most cost-effective option. Divorce without a legal battle can save you a lot of money, but that's not the only perk.
A mutually agreeable divorce, or "uncontested divorce," might help maintain a low level of tension between couples. It's less public, more amicable, and more likely to keep your money where it belongs (in your pockets) than a traditional divorce, which can drain your finances by hiring an uncontested divorce lawyer, process servers, accountants, and more.
An abusive spouse is not a good candidate for an uncontested divorce. As a general rule, one partner will have an enormous advantage against the other if there has been a history of emotional abuse, domestic violence, or a significant power imbalance. This disadvantaged spouse should hire legal counsel to help them.
When spouses cannot communicate calmly and rationally, an uncontested divorce is also not a good option. If you've tried talking to your husband about getting a divorce and it's only resulted in heated arguments, you might want to consider filing for divorce. If you're still set on getting a divorce, you'll almost certainly have to go through a disputed divorce, in which case you'll want to consult an attorney.
It's the same if either or both of you have an emotional investment in maintaining particular property items or acquiring a disproportionately significant share of marital assets. If this happens, the couple may be unable to compromise during an uncontested divorce case due to an insurmountable rift.
Finally, it's not a good idea to get an uncontested divorce if neither of you knows much about the law or is inevitable that you can handle the paperwork on your own. Even while uncontested divorces are simpler, you'll still have to complete a lot of paperwork, which will demand detailed financial disclosures from both parties. Get in touch with an attorney for help if this is too daunting.
Contact Michelle Bullock Law and Mediation Today
Contact my office today if you need a divorce and it's amicable.