What is Uncontested Divorce
An uncontested divorce is a divorce that is reached by a settlement agreement between the parties. The terms of the divorce are agreed upon by the parties rather than imposed upon them by a Court.
What are The Advantages of Uncontested Divorce
In uncontested divorce, the process tends to be faster and cheaper than contested cases. By agreeing upon the terms of the divorce, the parties are able to maintain control of their own futures and are not forced to live with an arrangement imposed upon them by a Judge. Parents who are able to negotiate an uncontested divorce also tend to be better able to maintain a civil relationship after the divorce because they have not been forced to engage in the "mud-slinging" that is all too often inherent in contested cases. This reduced hostility makes it easier for the parents to raise their children together after the divorce.
Uncontested divorce is almost always the cheapest way to obtain a divorce. Lawyers charge by the hour. By negotiating the terms of their own agreement, parties are able to avoid the many hours it would take their attorneys to prepare court documents, prepare in court and conduct a trial. The money that is saved can be spent on helping parties start separate lives for themselves, and support their children, after the divorce.
Uncontested divorce also guarantees parties a greater degree of confidentiality. In contested cases, the details of the parties’ finances and lives must be shared with their attorneys and aired before the Court. In uncontested cases, although the divorce papers are public records, the disclosures and negotiations shared between the parties during their preparation of the agreement are confidential between the parties.
When is Uncontested Divorce a Bad Idea
The process of uncontested divorce works well for parties who are relatively amicable. If you are unable to work with your spouse or reach agreements with him or her, uncontested divorce is likely not for you.
How Do I Obtain an Uncontested Divorce
An uncontested divorce is obtained by entering into a binding Agreement with your spouse, and then commencing an action for divorce and filing the Agreement and other Uncontested divorce papers with the Court.
How Do I Obtain an Agreement
The first step in obtaining an uncontested divorce is the negotiation and preparation of an agreement. Parties can reach an agreement by direct negotiations or negotiations that are facilitated with the assistance of attorneys or a mediator.
What Happens After We Reach an Agreement
New York allows a divorce without fault only when the parties live separate and apart for one year after signing the Agreement and before commencing the Action for Divorce. If you want your Divorce to be without fault, you will have to wait one year before all of your paperwork is finalized.
If you would like to obtain a divorce right away, you and your spouse will have to agree upon the fault grounds for divorce. After an agreement is reached about which party will be obtaining the divorce, and on what grounds, the divorce action can be commenced on the agreed upon grounds. The spouse who has agreed to be "at fault" does not have to admit any of the allegations listed in the papers. Rather, that spouse simply agrees not to submit an Answer to those allegations.
Following the commencement of the action, the Agreement is filed with other uncontested divorce papers with the Court. The Judge will sign the divorce without requiring the parties to appear before the Court for trial. The terms of the parties Agreement will be incorporated in the Judgment of Divorce and will thus become an Order of the Court.
Can an Attorney Represent Both Parties
We believe that an attorney should only ethically represent one party. If parties elect to use the assistance of legal counsel to negotiate an agreement, optimally both should be represented by their own attorney. If only one attorney is used and that attorney was hired by one of the parties, both parties must be aware that the attorney is only, and can only, represent one of the parties to the negotiation.
What Issues Should We Consider
In reaching an agreement, you must address all issues that are relevant to the divorce including but not limited to the division of real and personal property, responsibility for debts, child support, custody, visitation, health insurance and tax issues
How is Child Support Calculated
Like every state, New York has guidelines that are used for the calculation of child support. You should be aware of the guidelines and use them to calculate child support. This does not mean, however, that you must use the amount arrived at under the guidelines as the agreed upon amount of support. If you agree to use another figure, however, your Agreement must detail the factual reasons for your deviation from the guidelines.
