New York Uncontested Divorce Attorneys
Trust our team of expert attorneys in Manhattan and Brooklyn to help win your case.
What Is an Uncontested Divorce in New York?
When both parties involved in a marriage have worked out the important issues pertaining to their divorce without court help, it is considered an uncontested divorce. Uncontested divorce, often called “the simple divorce”, is very common due to its simplicity and reasonable cost. If the two spouses can agree on the terms for division of property, child custody, and child support issues, then they can usually separate amicably.
Even though you and your spouse may be parting on good terms and agreeing on important issues, it is still in your best interest to speak with a New York divorce lawyer. Brian D. Perskin & Associates P.C. has handled many uncontested divorce cases successfully. When you work with an attorney at our firm, you can be assured that you will be retaining an experienced divorce attorney who will guide you through this process and file the necessary paperwork accurately and in a timely manner.
At Brian D. Perskin & Associates P.C., we handle uncontested divorce cases throughout Manhattan, Brooklyn, Queens, and the Bronx. We are skilled in obtaining favorable outcomes for our clients in regards to property distribution, child custody, spousal support, and visitation.
What is the Difference Between Contested Divorce and Uncontested Divorce in New York?
A contested divorce in New York occurs when spouses cannot reach an agreement on one or more essential aspects of their divorce. In a contested divorce, both parties typically hire separate attorneys to represent their interests and present their respective arguments before a judge. The process can be time-consuming, emotionally draining, and expensive, as it often involves court appearances and the need to gather evidence and witnesses. Additionally, the final decision rests with the judge, who will consider the arguments and evidence presented by both sides before issuing a divorce decree that determines the terms of the divorce settlement.
The key difference between contested and uncontested divorce in New York lies in the level of agreement between spouses. Contested divorce involves disagreement on significant issues, leading to a court decision, while uncontested divorce is characterized by mutual consensus and a more amicable resolution of marital issues, resulting in a smoother and faster divorce process.
Requirements for an Uncontested Divorce in New York
Certain requirements must be met before a lawyer may be able to file your uncontested divorce in New York. If you meet the following requirements, a lawyer at our firm can represent and counsel you:
- You and your spouse agree on the grounds for divorce, which are:
- Abandonment (must be for more than one year)
- Constructive abandonment (either you or your spouse has refused to have sexual relations for more than one year)
- Written separation agreement
- Cruel and inhumane treatment
- If you have children, you and your spouse must agree on child custody and the exact amount of child support, or have an Order from Family Court.
- There is property to divide between the two of you. This includes bank accounts, pensions, and real personal property. In the state of New York, it does not matter whose name is on the accounts or the property. Any property acquired during the marriage is considered marital property and is subject to equitable distribution. Also, any increase in the value of separate property may be subject to equitable distribution.
- You or your spouse have lived in New York for at least one year.
Do I Need an Attorney to Represent Me in an Uncontested New York Divorce?
While an uncontested divorce in New York may appear straightforward, seeking the guidance of an experienced attorney is still highly recommended to ensure that your rights and interests are protected throughout the process. Even though both parties agree on the major aspects of the divorce, navigating the legal intricacies can be complex, and having a skilled attorney by your side can provide invaluable assistance. An attorney specializing in family law can help you draft a comprehensive and legally sound settlement agreement that covers all necessary provisions, including child custody, support, property division, and alimony. Moreover, they can ensure that the agreement aligns with New York’s divorce laws and regulations, preventing any potential issues or complications in the future.
When you work with an attorney at our firm, we will go through the key issues surrounding your divorce. We will also prepare all legal documents for the execution of your divorce and send them to your spouse so they can be signed. Your attorney will listen to what you have to say and answer all of your questions. We pride ourselves in providing our clients with the information they need to keep the process simple, prompt, and painless. To learn more, contact a New York uncontested divorce attorney at Brian D. Perskin & Associates today!