Uncontested divorce can be a quick, affordable and amicable approach to ending a marriage. But missteps can lead to endless disputes and mounting legal fees. Following are some common mistakes that can cause an uncontested divorce to fall apart.
Mistake #1: “We’ll work it out” custody language
Phrases like “reasonable visitation” or “flexible schedule” sound cooperative. But what’s reasonable to you might not be reasonable to your ex six months from now. New York courts need specifics in your parenting plan:
- Exact pickup and drop-off times and locations
- Which parent gets which holidays and school breaks
- How you’ll handle schedule changes and communication
- Summer vacation arrangements
“Alternate weekends” is vague. “Friday at 6 p.m. to Sunday at 6 p.m., alternating starting the first weekend of each month” leaves no room for argument.
Mistake #2: Dividing property without knowing what it’s worth
“You keep the house, I’ll keep the retirement account” sounds fair. But without actual values, you might be giving up significantly more than you’re getting. The marital home has equity, but also carries a mortgage and maintenance costs. Retirement accounts have current values, but also future tax implications when you withdraw funds.
Get real numbers before you agree to split anything major.
Mistake #3: Missing the details that matter
Small issues become big problems when they’re not addressed in writing. Your agreement should cover:
- Who claims the children as tax dependents each year
- Who maintains life insurance and for how much
- How you’ll split extracurriculars and uncovered medical expenses
- Pet custody and who pays vet bills (New York law considers pets as more than property since 2021)
These details seem minor until you’re fighting about them.
Mistake #4: No way to enforce your agreement
Your ex agrees to refinance the house to remove your name from the mortgage. But the agreement doesn’t say when or what happens if they don’t. Without deadlines and consequences, promises become wishes. Include enforcement mechanisms for major obligations like property transfers, refinancing and insurance requirements.
Most uncontested divorces in New York start with good intentions. But uncontested doesn’t mean you’ll never disagree in the future or that circumstances won’t change. Thus, knowing about and avoiding these mistakes is crucial. And having an attorney review your settlement agreement costs less than litigating disputes later.