In New York, a divorce is a common challenge many people face. There are myriad reasons why a couple might choose to call it quits and end their marriage. Often, there is a reactive belief that people who are getting divorced will not be able to agree on anything and it will be a long, drawn out and costly process. However, that is not always the case.
For some, they are reasonably amicable or can negotiate in good faith to end their marriage and move on. Their objective is to come to a fair agreement and start a new life. In these instances, it can be wise to consider the benefits of an uncontested divorce.
From the outset, people need to understand the possible benefits of an uncontested divorce, what state law says about it, how to move forward with the process, and the value of having professional guidance throughout.
Know the facts about uncontested divorce in New York State
State law dictates how to get a divorce in New York. The part of the law that relates to an uncontested divorce hinge on the sides saying their marriage is irretrievably broken and there is no hope of salvaging it. This must have been the case for a minimum of six months with one saying so under oath.
Economic circumstances are key with an uncontested divorce. Since property division is often a sticking point in divorce, any disagreements over how property will be divided will preclude an uncontested divorce. Of course, this can be negotiated. If the sides can agree on how to equitably distribute their marital property, they can proceed.
Spousal support can also be a concern. The sides might agree that there will be no support, or they can set an amount on their own. The court will scrutinize any negotiations related to children including custody and support. But if the sides can discuss their lingering issues in a reasonable manner, they could use the uncontested divorce option to end their marriage.
An uncontested divorce gives people peace of mind knowing their future is not in the hands of the court. They can avoid the public getting information about their personal lives. It keeps them from engaging in unnecessary conflict. And it can be cost effective.
The circumstances are key with an uncontested divorce
When thinking about a divorce of any kind, it is important to have professional assistance. If the pieces are in place to end the marriage without litigation, it is certainly something to consider. While those who get an uncontested divorce can meet in the middle and be flexible, it can take some time to get to that point. With that, it is vital to be legally protected. When weighing options, those who are on reasonably good terms or can discuss matters maturely might want to think about uncontested divorce and have advice to ensure a fair resolution.