New York Uncontested Divorce

A divorce is either contested or uncontested. When a divorce is contested, the former couple is not able to agree on significant issues related to their separation, such as child custody, child support, and distribution of assets. On the other hand in an uncontested divorce, the couple has come to an agreement on these issues. Under New York family law if a divorce is uncontested there are no significant issues to be resolved by the court, making judicial intervention unnecessary. If you are in need of a divorce lawyer because you are seeking to resolve the issues in your divorce without the intervention of a divorce judge, it is important that you contact an experienced New York uncontested divorce lawyer who will work to help ensure that your interests are protected throughout the divorce process.

Uncontested divorce

An uncontested divorce is one in which there is not a disagreement on issues such as custody, child support, division of property, debt allocation and maintenance. For example, the divorcing couple would have agreed upon:

• Custody. The couple would have agreed on which parent would get primary custody, or that there would be shared custody. They would have also agreed upon visitation and how they are going to make share parenting responsibilities and make parenting decisions.
• Child support. The couple would have agreed on the amount of child support to be paid to the custodial parent.
• Spousal maintenance. They would have agreed on whether spousal maintenance would be paid, by whom, and the amount.
• Property division. The couple would have agreed on how marital property is to be divided and how to allocate debt.

It is important to understand that just because a divorce is uncontested and the couple agrees on these issues does not mean that such a divorce should be completed without the assistance of an experienced family lawyer.

Contested divorce

When a divorce is contested, the issues that are commonly at the heart of the disagreements include:

• Child custody
• Child support
• Division of property, including valuation and location of assets
• Debt allocation
• Spousal support

In addition, if there are allegations of spousal abuse, the divorce is often contested.

Uncontested divorces can become contested divorces

It is not unusual for an uncontested divorce to become contested. Even after the couple has agreed upon all major issues, when it is time to sign off on the divorce, one of the spouses may have a change of heart and refuse to sign. If this happens, the uncontested divorce will have become a contested divorce.

Affect of a pre- or post-marital agreement on an uncontested divorce

A prenuptial or postnuptial agreement is a way to clarify asset ownership in a marriage, to agree upon spousal support, and to address other marital issues to avoid a long, costly and contentious divorce should the marriage not work out. However, just because a couple has made an agreement before or during the marriage does not mean that the divorce will be uncontested. For example, a prenuptial agreement may address issues related spousal support and asset distribution, but it may not address child custody.

Contact the Law Offices of Stephen Bilkis & Associates

If you and your spouse are divorcing and you have agreed on child custody, spousal maintenance, asset distribution or debt allocation, then your divorce may be uncontested. However, it is still a good idea to consult with an experienced uncontested divorce attorney to ensure that your rights are protected. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully representing clients who are seeking a divorce, legal separation, or annulment. We also represent clients on issues related to custody, child support and spousal support. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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