New York Uncontested Divorce Lawyer

When a couple divorces there are two general types of divorce: contested and uncontested. In a contested divorce the couple cannot agree on important issues such as child custody and visitation if the couple has minor children. Similarly, in a contested divorce the couple may not be able to agree on the matter of child support, and may fight over property distribution. 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
  • Debt allocation
  • Spousal support

A divorce can be contested for many reasons. However, because contested divorces typically take longer than uncontested divorces and typically are more expensive, couples try to resolve issues outside of court. However, when a divorce involves complex issues it is more likely that a divorce will be contested. For example, if there are complex issues related to assets such as hiding assets, selling assets without permission, or valuing assets, it may be more difficult for the couple to settle property distribution issues without the intervention of the court. Other issues that may be the basis of a contested divorce are issues related to allegations of domestic violence, paternity, and other issues related to the children of the marriage.

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.

New York Uncontested Divorce Lawyer

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 Stephen Bilkis and 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 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your concerns related to your family law case.

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