Divorce is often one of the most stressful experiences a person will endure during his or her lifetime. However, divorce can be much less stressful when the couple agrees on all the significant issues in a divorce and pursues an uncontested divorce. In New York, an uncontested divorce allows spouses to finalize their divorce affordably and relatively quickly. If you and your spouse agree about everything you will need to address before your divorce is finalized, you can pursue an uncontested divorce.
Contact a Bronx Uncontested Divorce Attorney
Whether you are pursuing a contested or uncontested divorce in New York City, you need an experienced attorney on your side. The laws related to divorce in New York or complex, and an attorney can help guide you through the process. Attorney Jayson Lutzky has decades of experience successfully helping Bronx area clients pursue an uncontested divorce. Contact us today to schedule your free initial consultation to learn more about how we can protect your rights through the divorce process.
What is an Uncontested Divorce in New York?
An uncontested divorce is a divorce in which you and your spouse agree on all the divorce terms. Both spouses can negotiate the terms of the divorce without undergoing a hearing or any other court proceedings. When you work with a divorce attorney, your attorney will be able to handle all of the details of your uncontested divorce, preparing all of the necessary New York State forms and representing your interests. You and your spouse will need your attorneys. One of the benefits of working with an attorney involves your attorney handling negotiation and discussion with your spouse’s attorney, keeping things respectful.
The uncontested divorce process is usually straightforward and relatively simple for couples without children and significant property. Your attorney can file the appropriate documents with the court by processing and preparing various documents. Approximately six months after the filing, the Findings and Judgment prepared by the attorney will be signed by the judge. At this point, the divorce will be finalized, and both parties will have access to copies of the document.
Typically, judges will approve the executed agreement that you or your spouse’s attorney has drafted. However, there are some exceptions. For example, if the agreement is contrary to the best interest of any children that the couple has, or it is unfair, the court may reject it. When pursuing an uncontested divorce, you will not have to go through the discovery process and a trial, saving your time, money, and stress.
What You Need to Agree on to Pursue An Uncontested Divorce
Many couples begin the divorce process wanting to pursue an uncontested divorce. However, as time goes on, they may realize that they do not agree on everything they thought they agreed on before starting the process. If you would like to pursue uncontested divorce, it is important that you understand all of the different issues that may come up, such as:
Agreeing to Divorce
When one spouse does not even want to get a divorce, pursuing an uncontested divorce is not an option. The spouse who wants to pursue a divorce will need to pursue the matter in court.
Grounds for Divorce
New York requires the spouse petitioning for divorce to list a statutory ground for the divorce. An uncontested divorce is recognized in New York. However, if the couple cannot agree on the ground for divorce, they must pursue a contested divorce.
The Division of Property and Debt
The division of property is one of the most contentious issues in a divorce. The couple needs to agree on how they would like to divide their marital property and debt between themselves. The first step in dividing the property involved accurately accounted for in appraising the spouses’ real and personal property. Sometimes property that is of sentimental value can be a sticking point.
Additionally, when a couple has been married for 15 or more years, they have probably accumulated a significant amount of property that may have become intermingled. There may be contention about what property constitutes marital property and individual property. An attorney can help you determine which property is separate property so you can divide the property fairly under New York laws. If you and your spouse cannot agree on how to divide the property, you will need to pursue a contested divorce.
Spousal maintenance, often called alimony, is also a contentious issue with many divorces. In an uncontested divorce, the couple will need to agree on whether one spouse must pay spousal maintenance. No, they will also need to agree on the amount of the smelter maintenance and how long it should last. If you have questions about whether you would be entitled to spousal maintenance if a judge rules on the issue, we can help you better understand your rights and obligations under New York law.
Child Custody and Visitation
In an uncontested divorce, the spouses must agree on child custody and child visitation. The couple needs to agree on the physical and legal child custody matters. Legal custody involves which parent can make important decisions in the child’s life. Physical custody involves which parent the child lives with most of the time. The noncustodial parent will get child visitation rights. Usually, child custody agreements need some kind of compromise.
Contact a Bronx Uncontested Divorce Lawyer Today
If you believe you and your spouse will be able to agree on all the significant issues in your divorce. You should consult with an attorney about an uncontested divorce. There may be issues that you have not fully discussed that may come up during the divorce process. An attorney will also help you protect your right while dividing property and debt during the divorce. Attorney Jayson Lutzky knows how to help clients keep things on track and help them avoid litigation, finalizing their uncontested divorce quickly and smoothly. Contact the Law Offices of Jayson Lutzky today to schedule your free initial consultation.