How does an uncontested divorce work?

Since October 2010, New York has permitted no fault divorces in which a husband and wife can claim that their marriage has broken down irretrievable for at least a period of six months, and can therefore terminate their marriage.

Outstanding divorce lawyers in Brooklyn, NY, and the best in the business is Law Office of Elliot Green who has been around the legal block before and knows how to play hardball and softball with the opposition, point out that this is basically an uncontested divorce where both parties mutually agree on a variety of terms such as alimony, child support, and so forth.

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Therefore, when a couple isn’t fighting over their divorce terms and are instead in agreement about how the divorce issues need to be settled, then the quickest, most affordable way to get divorced would be through an uncontested or no fault divorce.

Major issues that spouses need to agree on 

If the spouses involved in the divorce are unable to agree on any of the below mentioned issues by themselves or with the help of a mediator, then an uncontested divorce cannot be entered into.

According to legal experts the two parties must agree on:

  • Child custody, parenting time, parenting responsibilities
  • Child support payments
  • Alimony (spousal support)
  • Property/asset division
  • Mortgage division and responsibilities

These are the six main aspects of a divorce that the two spouses will need to be in agreement with if they want to be able to go through an uncontested divorce.

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According to state court data, ever since New York introduced no fault divorces, the number of filings rose 12% in the first seven months as compared to the same time period as the year before. Looks like New York is another state that needs to compel people to take a pre-marriage class or penalize people who get a divorce. Marriage is supposed to be special.

Can married couples with underage children and joint assets have an uncontested divorce?

As mentioned, even couples who have been married for a long time and have minor children and substantial joint properties and assets together will be eligible for an uncontested divorce as long as they are in agreement with all of the divorce issues mentioned. In fact, even if the couple does have a few disagreements which the court perceives as trivial, they will be allowed to go through with an uncontested divorce.

If the couple is on talking terms or better yet if their relation is still amicable then they may be able to reach an agreement themselves. But in most cases an external divorce mediator or a legal counselor may be required to encourage them to negotiate and strike an agreement together.

Importance of a divorce lawyer 

In a fault divorce, a legal counselor is most essential since he or she will be able to help you get the most out of your divorce and make sure you do not lose out on every aspect of the divorce to your former spouse. However, this does not mean that legal professionals do not have an imperative role to play when it comes to uncontested divorces.

Even though you and your spouse are in an agreement, a divorce is still a complicated legal procedure and requires diligent paper work and legal guidance. Remember that the quicker your divorce is wrapped up, the lesser your legal fees and only a fantastic divorce lawyer in New York such as the Law Office of Elliot Green will be able to ensure that all the legal issues are ironed out and you receive a fair settlement.

Call Law Office of Elliot Green today!

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By | 3:17 pm | Categories: Divorce News | 0 Comments

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