The divorce process can take quite a long time, often resulting in severe stress, high costs and damaged relationships. For this reason, when it comes to divorce, it is in your best interest that White Plains, NY is Undisputeddivorce lawyerby your side to help you through this difficult time in your life.
An undisputed divorce is one where there is no disagreement between the couple on almost all issues including child support, custody, transfer of debts, division of property and spousal support. Divorcing spouses can usually go through the process quickly, cheaply, and hassle-free. By avoiding lawsuits, they can start living faster.
If you and your partner desire an amicable divorce and avoid traditional divorce proceedings, contact our law firm to speak with an experienced, undisputed divorce attorney. As with all family law matters, an undisputed divorce can be complicated, so working with an undisputed divorce attorney is essential.
At Douglas Family Law Group, we have a team of experienced divorce lawyers who can guide and advise you on your best options. Our team has extensive experience in all areas of New York family law and is committed to achieving the best divorce outcomes.
What is an Uncontested Divorce?
Iuncontested divorceIt is a divorce process in which both parties come to an agreement on virtually all matters pertaining to the divorce. In other words, both parties agreed to end the marriage and resolved all major issues in the case, including custody of the children, division of property, and financial support.
Since these issues are resolved, there is no need to resolve them in court, making the divorce process much faster and cheaper compared to a battle divorce. In most cases, the judge simply approves the agreed divorce terms and then issues a final divorce decree.
What are the requirements for an undisputed divorce?
To obtain an uncontested divorce in New York, you and your spouse must agree on the "grounds" or reason for filing for divorce. New York State law allows no-fault divorce, meaning you don't have to put forward "guilt-based" grounds such as abandonment and adultery to get a divorce.
No debt deal
Previously, New York City had an error-based divorce system. New laws were passed in 2010 that allow irreparable breakdown of a marriage without fault for at least 6 months before filing for divorce.
"Irreversible breakdown of marriage" refers to a situation where you and your partner no longer want to get married and there is no way you can resolve this.
As long as you have been separated from your spouse for at least 6 months, you can ask your uncontested divorce attorney in White Plains, NY to claim this ground for a no-fault divorce. This is the most common ground for divorce in New York. It is also the most cost-effective approach.
Agreement on important issues
You can file for an uncontested divorce in New York City if you and your spouse agree on the following:
- Desire for a divorce
- Reasons for divorce
- distribution of wealth
- help children
- visiting children
An uncontested divorce may not be possible if any of the major issues listed above are under discussion. If you can't agree on an undisputed divorce, an undisputed divorce is your last option.
Also remember that to qualify for a divorce in New York, you must meet the "residence requirements" set by law.
You or your partner must have lived in New York City for at least 2 consecutive years just before you file for divorce.
You or your spouse must have lived in New York City for at least one consecutive year before filing for divorce, and you were married in New York City, or you lived in New York City as a married couple, or the grounds for divorce were in the city of New York. York.
At Douglas Family Law Group, we can help you determine your eligibility for an uncontested divorce and guide you through the process.
How do I get an uncontested divorce?
While an uncontested divorce in New York is usually quicker and less expensive than an uncontested divorce, it can be a long and arduous process with a lot of paperwork and complications. Fortunately, a lawyer can help you with the necessary paperwork and steps.
The first step is to determine if you have a legally acceptable reason(s) for filing for divorce. For example, if you are filing for divorce after entering into a separation agreement, make sure you have a written agreement that meets the legal requirements.
You and your partner must sign the contract before a notary public, file it with the appropriate court, and then live separately under the terms of the contract for at least one year before filing for divorce. If you are filing for divorce, you do not need to write a separation agreement.
Complete and submit the relevant documents
Uncontested divorces in New York require forms such as the Uniform Uncontested Divorce Package to be filed. Many of these forms can be quite complicated and we recommend working with an attorney.
If you choose to file the forms yourself, ask the court to keep your address confidential, especially if your spouse has taken advantage of you. Be sure to ask the clerk for help, for example by not putting your address on these forms.
Keep in mind that filing for divorce may require you to pay certain fees. For example, you need to buy an "index number" from your local county office. If you can't afford the fees at any stage of the process, you can ask the officer to petition to be considered poor. If you meet their criteria, you may not have to pay any fees.
Send the forms to your partner
You must send copies of the completed paperwork to your ex-spouse, as well as a statement from the defendant. Once your ex-spouse signs this statement, the case will continue.
If your spouse does not return the defendant's signed affidavit, you may need to provide them with documents, which means that someone other than you must provide documents to your spouse. The person serving your spouse must also fill out a declaration of service.
Application to the mayor
The next step is to submit the completed documents, including the Defendant's statement and the Declaration of Service, to your local county clerk's office. Ideally, this should be the same county where the index number was purchased. In some provinces, you can apply online.
If you have problems communicating with your ex or still have problems to solve, you can go to mediation to solve those problems. Mediation is a voluntary process in which a neutral third party facilitates communication between the two parties in the hope of reaching an agreement. This is quite common in undisputed divorce cases.
Once the spouses agree, the mediator will basically draw up a settlement that will be submitted to the court and the judge can sign it as a divorce decree. In the event that either party disagrees on a disputed issue, the mediator will return it to the court for resolution.
Finalize your divorce
The judge will then review your papers and, if approved, sign the divorce decree. Once the judge has signed the divorce decree, you must enter and file it with the county office. This process varies depending on the county you're applying to, so ask your city clerk for specific instructions.
Finally, you must provide a copy of the signed divorce decree to your ex-partner, as well as a completed registration certificate.
It is worth noting that if your spouse provides you with the divorce papers and you disagree with the terms he is asking for in the divorce, you can challenge the divorce by filing a summons within 20 days of service. . You can also hire a lawyer to do this for you. A summons basically tells the court that you intend to attend the divorce proceedings.
What are the differences between a contested and an uncontested divorce?
Perhaps the most important difference between a contentious and an uncontested divorce is the cost and time involved in the legal process. While filing for divorce should probably cost the same, those going through a disputed divorce are more likely to spend more money and time on attorney and expert fees than couples who agree to divorce.
Grounds for Divorce
In an undisputed divorce, both parties agree that the marriage has broken down and want to move on with their lives. As long as you have been separated from your spouse for 6 months or more, you have a valid reason for a no-fault divorce.
A culpable separation generally means that one spouse files for divorce on the grounds that the other spouse participated in one or more of the causes that under New York state law would warrant a legal dissolution of the marriage.
inhumane treatment: A spouse can file for divorce on grounds of inhumane treatment. This includes emotional abuse, physical abuse, and other behavior that threatens your partner's mental or physical well-being.
desolation: A spouse can file for divorce if the other spouse has left him or her for a year or more.
Jail: Imprisonment is a ground for divorce if either spouse has served at least 3 consecutive years in prison after marriage.
Parting: Spouses can file for divorce based on a written separation agreement or a separation order if they have been separated for at least a year. Spouses may be required to demonstrate compliance with all terms of the separation agreement.
Adultery: This is the most common ground for wrongful divorce and includes allegation that the spouse has had sexual contact with someone other than the wife or husband.
time to end
Time is the main difference between contested and uncontested divorces. Uncontested divorces usually end relatively quickly. But the term "soon" in divorce cases can mean a long time, depending on the county and court. An undisputed divorce also does not require discovery, litigation or other time-consuming legal proceedings. This means that the legal costs will be much lower.
Another important difference between the two types of divorce is the extent to which the judgment is appealable. In an uncontested divorce, both parties agree to the settlement, which means thatdivorce settlementconditions are not revocable. However, this does not necessarily mean that the parties are bound to the contract forever.
In the event of a significant change of circumstances or after a certain period of time, you can allow the agreement to be amended. But since both parties make their own decisions, they are more likely to agree with the outcome of the proceedings.
Who makes the decision
In contentious divorces that do not lead to an agreement, the judge will ultimately be responsible for making decisions for the couple. This means that the judge may prioritize some issues over others, which may not necessarily be in line with your priorities as a couple.
For example, it may be important for one partner to maintain the house, while the other prefers to keep the car. But the judge can order the sale of the house and the transfer of the car to the other spouse. Therefore, the more control a couple has over the divorce process, the more likely they are to come to an agreement they can both live with.
While an uncontested divorce has important benefits, sometimes it is not possible to reach an agreement with your spouse on important issues. The spouses are not obliged to conclude these agreements alone.
By working with a lawyer in White Plains, New York, who is experienced in non-contentious divorces and may be looking to mediate, you can come to an amicable settlement that will resolve any disagreements with your future ex-spouse.
Do we need a lawyer in an undisputed divorce?
An undisputed divorce generally works well if couples can communicate and negotiate in good faith. However, it is never a good idea to draft a divorce agreement at the kitchen table or rely on your partner's attorney to draft a fair agreement without an independent review by an attorney.
Remember that the divorce decree is permanent and legally enforceable. Therefore, make sure that all interests are properly represented during the divorce process. Don't assume that if the deal turns out to be unenforceable or unfair, you can just go back to court and ask for a change. It doesn't work that way!
Courts dislike changing or withdrawing from properly concluded contracts unless coercion, fraud or factual errors can be proven. Whatever you think you'll save by settling without going through a lawyer, you may end up paying for it later with a messy or unfair divorce judgment.
If you choose to work with the Douglas Family Law Group team, you can rest assured that you are getting the best advice on the proposed settlement, with a clear understanding of exactly what you are signing. We also ensure that you fill in the necessary documents correctly and submit all documents on time, so that the uncontested divorce goes as smoothly as possible.
Talk to a divorce attorney in White Plains, New York about your divorce
The decision to file for divorce is life-changing and often overwhelming. All aspects of your family and personal life will be affected. This makes it important to consider all options and possible consequences before proceeding.
If you and your partner are on the same wavelength and are looking for quick, affordable, and easy results, an undisputed lawyer can help. We understand that New York City's divorce laws can seem daunting, even if you're on the same page on important divorce issues.
Douglas family law groupis here to provide legal advice and guidance on the required documents and proper process so that you can enjoy your divorce process with confidence. UsWhite Plains, New YorkDisputed divorce lawyers can help with prenuptial agreements for couples who want to plan for the future.
Call us914-615-9058schedule a consultation with a lawyer today.