The differences between Uncontesed and Contested Divorces in New York
- Harry Konst
Law Offices in Buffalo and New York City.
Originally published on Avvo.
Marriages are like business partnerships. Creating one is easy, but dissolving it later can become one of the worst experiences and very expensive.
However, in New York State if the two spouses can agree beforehand, you might be eligible for an Uncontested Divorce. An UnContested Divorce is the "mere filing of forms."
Advantages of Uncontested Divorces:
- The parties need not attend court.
- Forms are filled out and the papers are signed.
- The forms are filed with the court clerk.
- The time frame is much shorter.
- Attorney arguments and legal positioning is eliminated.
- Expenses are minimal.
If you can't agree, matrimonial dissolution can be very expensive. The economic effects of a divorce include dividing your assets and doubling your living costs. But it can also take a greater toll. Divorce can bring havoc on your emotions, and it can have long-term psychological effects on all those involved. Moreover, in our adversarial legal system, where each attorney is fighting for their client's best interests, a prolonged divorce can escalate before it becomes settled. It's no wonder why divorce is the leading cause of negative opinions about the legal profession.
Therefore the Uncontested divorce alternative can save everyone substantial legal fees, not to mention the aggravation associated with the divorce process.
Uncontested Divorce Process
Both spouses need to meet and agree to get a divorce and to all of the settlement terms before filing.
The forms and documents are all accessible online at the New York State Court website.
But that is not to say that in won't become complicated. The court website states: "Before you use the booklets and forms, we strongly suggest that you give serious thought to using a lawyer for your divorce, even if you believe that your divorce will be *uncontested" (i.e., your spouse will not oppose the divorce in any way).
There were four grounds for divorce, but as of October 2010, there is another basis known as *No-Fault Divorce." Here, a party must swear that the marriage has broken down irretrievably for the past six months.
Division of Property and Divorce Eligibility
And, there may be more to think about than just ending the marriage and filling out court papers.
For example, there may be property to divide between you and your spouse, or you may need an Order of Protection and/or child support and other financial support, among other things.
To be eligible for an Uncontested Divorce, you must first be eligible to file a divorce in New York State. There are two requirements: (1) satisfy residency requirements, and (2) comply with one of the grounds for divorce.
In summary, an Uncontested Divorce can save you money, aggravation, emotional turmoil, and help set you on a new path to a better life.
Get a fast, affordable, and stress-free uncontested divorce in New York with our expert legal team. We simplify the process and provide personalized support every step of the way. Contact us today to learn more.
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