Believe it or not, it is possible to get through the marriage dissolution process in an amicable way. For couples in New York who are ready and willing to openly communicate and negotiate, divorce can be completed swiftly, smoothly and without spending time fighting in a court room - even when significant assets are involved. Sound too good to be true?
Not every couple wants to drag out divorce proceedings by fighting over everything. Not to say that conflicts won't arise, as they certainly can; but, if you agree to an uncontested divorce filing, fewer conflicts are likely to happen.
What is an uncontested divorce?
An uncontested divorce is a type of divorce in which both spouses are able to negotiate settlement terms that each feels is fair, without having to go to court.
Who is eligible for this type of divorce filing?
In order to be eligible for an uncontested divorce, both parties will have to agree to the process and come to terms on the big issues, such as:
- Child custody
- Child support
- Property division
If one party does not consent to an uncontested divorce or if conflicts cannot be resolved through negotiation, then this type of divorce filing will not be approved in court. Such cases will then require litigation, mediation or other alternative dispute resolution options.
There are many positives about filing an uncontested divorce. The most significant benefits include:
- Save time
- Save money
- Minimal conflict
- Reduce the amount of information released to the public
How can an attorney help?
While in the state of New York it is not required that an attorney help you with an uncontested divorce filing, it is still wise to seek legal counsel - especially in high-asset cases. You may be able to quickly agree on a divorce settlement that you believe is fair, but there may be things that you have not thought about regarding property, financial support and custody matters that could end up hurting you when all is said and done.
An amicable divorce, one that does not involve fighting or litigation, is possible. You just have to be ready to put in the work. An experienced family law attorney can assist you through an uncontested divorce in order to help you get a fair and balanced settlement that truly serves your best interests and the interests of your children - if applicable - in the long run.