Brooklyn Uncontested Divorce Lawyers
A path to divorce in New York when both spouses agree on key terms
If you and your spouse can agree on all parenting and financial terms, you can obtain an uncontested divorce by submitting your settlement agreement to the court. An uncontested divorce is cheaper and less stressful because it does not involve a trial. Goldberg Sager & Associates in Brooklyn can guide you through every step of the process required to dissolve your marriage. Many couples believe that because they are in full agreement, they only have to meet with an attorney to draw up settlement papers. The reality is that uncontested divorces still require adherence to procedural rules and careful thought, because a quick resolution could hurt you and your children down the road. A Brooklyn uncontested divorce lawyer at our firm can protect your rights while negotiating a reasonable settlement that allows you to avoid a contentious court battle.
Advantages of an uncontested divorce
There are several advantages to an uncontested divorce, such as:
- Flexible scheduling — Parties negotiate a settlement at their own pace according to their own availability. Free from the crowded court calendar, you and your spouse can move more quickly to resolve areas of disagreement.
- Reduced cost — Trial preparation adds significantly to the cost of divorce. Avoid trial and you avoid fees associated with the arduous litigation process.
- Less emotional turmoil — Litigation is inherently adversarial, while negotiating gives spouses the chance to work together in pursuit of an equitable resolution that reduces stress and provides a greater sense of closure.
- Greater privacy — What’s said in negotiation sessions remains private. A court hearing creates a public record disclosing details of your private life.
- Greater control over the outcome — You only approve a settlement you can live with, while in court, you could be hit with an adverse decision you feel is unfair.
- Greater commitment to the plan — Co-parenting children requires communication and cooperation, and establishing custody arrangements through mutual agreement gives both parties a stake in the helping parenting plan succeed.
Our attorneys provide honest, insightful legal support so that clients can determine where compromise might be appropriate.
Issues that must be agreed upon in a New York uncontested divorce
To get an uncontested divorce there cannot be any disagreement over alimony, child custody, child support or property division. If disputes remain one or more of these issues, you can present the partial agreement to the court, but must litigate the outstanding issues. Our lawyers also handle contested divorces in Brooklyn, as well as other parts of the New York metropolitan area.
The process for an uncontested divorce in New York
Spouses should begin the process by conferring separately with an experienced New York divorce lawyer, who can assess whether their circumstances are suited to an uncontested divorce. Your attorney can tell you what documentation to assemble to prepare a petition and how to discuss the matter with your spouse.
An uncontested divorce starts when one spouse files a petition seeking to dissolve the marriage on no-fault grounds. Under New York law, this means declaring that there has been an irretrievable breakdown in the relationship for at least six months. After the petitioner files, the respondent spouse has the option to submit an answer. Some couples are able to negotiate their settlement before filing and include those terms with the petition, so the answer need not dispute anything in the petition. In most cases, there are still disputed issues, so the respondent files an answer. The court schedules a date for the parties to appear, which gives them time to reach a settlement agreement. Parties can try negotiation, mediation or collaborative divorce to reach a settlement. Once the couple has a settlement agreement, they can present it to the judge for approval.
How long does an uncontested divorce take in New York?
All divorces are different, and unexpected issues frequently arise, even when the parties though they had everything wrapped up. However, cooperative couples can often achieve an uncontested divorce within six to nine months.
Dealing with disagreements while pursuing an uncontested divorce
It is common for divorcing spouses to encounter obstacles as they work toward a settlement. When negotiations reach an impasse, many couples opt for mediation. Other couples choose the collaborative divorce process at the outset. This process binds the parties and their attorneys, who promise to share information and agree not to take any issues to trial. If a party abandons the collaborative process at any point, they must obtain new legal representation. This provides additional incentive to continue negotiations until every matter is settled.
If you are determined to avoid court, your choice of an attorney to represent you can make a world of difference. You must choose an experienced advocate who is also a skilled negotiator and is willing to tell you the truth about your situation, not simply say what you want to hear. Your attorney must be someone who is just as committed as you are to reaching a settlement, but is also highly protective of your rights.
