What is an Uncontested Divorce in NY?

What is an Uncontested Divorce in NY?

Getting divorced is often an emotional end to an important chapter in a person’s life. Of course, some divorces are more complicated than others. Some couples can’t stand to be in the same room as each other by the time they get to their divorce, while others will make a significant effort to part ways amicably. Amicable divorces, while still emotional, tend to avoid painful court battles that can last for years. Uncontested divorces don’t always start out without any issues, but when the couple can work together to come to an agreement, the divorce falls into this category.

An uncontested divorce is when the parties have resolved all of the issues that need to be resolved to dissolve their marriage. Those issues typically are custody, child support, maintenance, equitable distribution, payment of counsel fees and expenses, what have you. Once an agreement is reached, a separation agreement will be drafted to detail the terms of the divorce. If they were in court and they resolved all their differences before a judge determined it for them, it’s called a stipulation of settlement. This is simply a contract between the parties that forms the basis for an uncontested divorce.

Once the Separation Agreement is drafted, of the attorneys will submit certain paperwork to the court, including the actual judgment of divorce, findings of fact, and conclusions of laws, and affidavits of the clients. These will be filed with the court, signed by the judge, and returned to the attorneys. Once the judge approves the submitted documents, the divorce is finalized. 

Uncontested divorces are favorable for the couple because everything is resolved before the couple has to go to court. The couple was able to likely utilize certain methods of alternative dispute resolution, such as mediation, to avoid a trial. Couples with an uncontested divorce often find that they have more control over the situation because they were able to make decisions for themselves instead of having a judge decide for them.

If you need an attorney to represent you throughout your divorce, contact our firm today for quality legal representation.

Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.

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