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Simplifying divorce: The key elements that make it ‘uncontested’

On Behalf of | Dec 4, 2023 | Divorce

Experiencing the end of a marriage brings a wave of emotions and hurdles. If you find yourself in this situation, you are likely already aware of the various pathways to divorce. You may be hoping for a smooth transition and shared custody of your children with your ex-spouse. Or, you might be seeking to finalize your divorce quickly, with minimal complications.

In these circumstances, opting for an uncontested divorce in New York might suit you better.

A divorce rooted in mutual agreement in marital matters

An amicable or uncontested divorce is characterized by several key elements. In it, the spouses have reached a consensus on all key aspects of divorce — including matters such as child support, custody, property division and other important issues — with no disagreements. This mutual agreement is especially crucial for those seeking shared custody of their children and non-confrontational disputes.

A divorce that encourages cooperation rather than conflict

This type of divorce promotes collaboration and negotiation, reducing stress and disputes. One study suggests that high-conflict divorces can negatively impact mental health. However, when conflict is minimal, and you and your ex-spouse prioritize cooperation, divorce becomes less draining and more efficient. This approach not only expedites the process but also contributes to healthier mental well-being in the long run.

A divorce that solves problems without needing court intervention

Owing to the parties’ agreement on all matters, there is no requirement for a judge to make decisions on their behalf in an uncontested divorce. The spouses can present their agreement to the court. Once the judge reviews it and deems it fair and acceptable, they will likely approve and sign your divorce decree without needing a formal court hearing.

Ultimately, the elements of a low-conflict, uncontested divorce can make it a more beneficial option than contentious, adversarial divorces. It both fosters a healthier environment for discussion and mitigates emotional stress for everyone involved, especially children.