Uncontested Divorce in New York City
Attorney Mary Grace Condello
Uncontested divorce in New York City is far, far easier than going through contested divorce which might become heavily litigated. Even so, you should still consult a NYC divorce attorney even if you believe that you will only be involved in an uncontested divorce.
Many people believe that an "uncontested" divorce means that one spouse simply goes through some simple legal process and divorces the other. Or, they believe that somehow the divorce is "friendly".
Well, although it's true that there are instances where both spouses do jointly agree that they should be divorced and they proceed accordingly, this is simply not the way that things usually are.
An uncontested divorce means that both spouses accept the situation that they will be getting divorced, even if (as is typically the case) one of them really doesn't want it, and they decided to work together to settle the divorce outside the court system (that is, they try to avoid getting into litigation).
In an uncontested divorce in New York City, both spouses should still have lawyers to represent them because they aren't necessarily going to agree on all things. Even where the spouses are doing their best to work together for a fair divorce, an uncontested divorce may turn into a contested divorce.
Divorce lawyers should also be present to help with mediation which is almost always necessary to one degree or another.
If all goes smoothly in the uncontested divorce, each spouse first meets in private with their attorney, and then they meet each other with their attorneys present, and after some mediation and compromise matters are settled and then it's just a matter of procedural legalities to finalize the divorce. But if things don't go smoothly, then the spouses will have to turn to the courts, and the uncontested has become the contested divorce.
Divorces are highly emotional situations. People who agreed to spend a lifetime together and who may have produced children together are now going to end that. In the typical case, one spouse has decided that she or he wants the divorce, and the other has had to very reluctantly agree to it (if they don't agree to it, there is never an uncontested divorce). So this is why mediation and legal guidance are always needed.
Issues that will possibly have to be resolved even in an uncontested divorce in New York City include:
- Child primary custody and visitation, if there are any children involved
- Asset division, which may be fair but unequal depending on the circumstances
- Alimony. New York state divorce law does not require alimony but if one spouse feels that s/he needs it then that arrangement has to be worked into the divorce.
So, once again, if you are seeking a divorce then getting an uncontested one is the best, if possible. But even so, contact a New York divorce attorney so that you can understand all that you have to do to make it as smooth of a bad situation as possible.
Family law attorney Mary Grace Condello has been helping people with uncontested and contested divorce in NY and NYC since 1990>
If you want an experienced divorce lawyer call 888.695.2943 or email us for help with an uncontested divorce in New York City.
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