The filing of an uncontested divorce can save the spouses to a marriage thousands of dollars, avoid a potentially aggravating lengthy dispute, and allow the parties to the marriage to move forward with their lives relatively quickly. Contested divorce proceedings are much more expensive, involve court appearances, and can be very emotionally draining. The key to parties working out an uncontested divorce is for them to know exactly what the assets of the marriage are and what they are entitled to under New York Law. Assets are distributed in New York pursuant to an Equitable Distribution Law.
The significant issues that need to be dealt with in an uncontested divorce are the division of assets, child support, spousal maintenance, custody and visitation rights (parenting time each party spends with the children). An uncontested divorce can move forward when the parties are in agreement on all of these issues. Even in an uncontested divorce, a variety of sophisticated paperwork involving property settlements, custody and visitation issues, division of assets, and parenting time as well as the grounds for the divorce must be filed with the Court and approved by a judge.
In an uncontested divorce proceeding, the spouses can keep their dirty laundry out of a public courtroom.
Contested Divorce Proceedings
In an ideal world, the parties to a marriage would amicably agree to all necessary terms involving the divorce process and avoid contested divorce litigation. However, in the real world, things don’t always work out smoothly. Disagreements concerning custody, visitation issues, spousal support, child support, the distribution of property and what happens to the marital residence sometimes require court intervention to resolve these issues.
If you are looking for an attorney to represent you in a divorce, a party should look for the most experienced, aggressive divorce lawyer within their price range.
Hopefully your marriage will work out and you will never need to be divorced.