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Uncontested Divorce

Uncontested Divorce

It is never an easy decision to end a marriage. Divorce is always stressful and complicated. However, sometimes a couple may agree to a divorce and agree to the terms on important matters such as child custody, child support, property distribution, etc. This is called an uncontested divorce and with an experienced New York City matrimonial attorney like Stephanie, is easier and quicker than a contested divorce. Sometimes, an uncontested divorce procedure can be over in as little as two months.

Am I Eligible for Uncontested Divorce?
An uncontested divorce is possible when there are no disagreements concerning the terms of the divorce. Whether uncontested or contested, the procedure begins in the same way, i.e., one spouse filing for divorce. If the other spouse agrees to the divorce and does not contest it or its terms, the process is faster and more streamlined. However, if the other spouse does not agree to the terms, the next option is contested divorce proceedings.

Terms that Must Be Agreed to in an Uncontested Divorce
There are several factors that the two parties must agree to in order for the divorce to be uncontested. These can be, but not limited to child custody and support, spousal support, and division of property and other assets.

Benefits of an Uncontested Divorce
The obvious primary benefit of uncontested divorce is that it is quicker allowing the parties to move on with their lives. There are fewer proceedings and any conflict between the two parties is worked out prior to filing for divorce. With fewer requirements and proceedings, and less back-and-forth, the conflict between the parties is reduced and the process concluded quicker.

Downsides to an Uncontested Divorce
While the quicker uncontested divorce process and the prospect of getting on with one’s life may seem more appealing, there are some serious trade-offs. Spouses with complex property arrangements and assets, and spouses with children are more likely to encounter disagreements when it comes to setting the terms of the divorce. The quicker uncontested divorce procedure can leave one spouse feeling unsatisfied with the terms in the long run, especially if it involves raising children or dividing property.

An experienced New York City matrimonial attorney like Stephanie Burke can help guide through the process. It is extremely beneficial and useful if both parties know what the other’s assets are because there is no full financial disclosure during in an uncontested divorce. Because of this, uncontested divorces are not recommended when the party or parties have a high net worth.