If you’re considering getting a divorce, you’ve likely heard the terms “contested divorce” and “uncontested divorce.” The type you choose will significantly influence how your divorce proceeds, which is why you should continue reading to learn more about uncontested divorce and how a seasoned New York and New Jersey divorce lawyer from Dow Divorce Law can effectively represent your interests, every step of the way.
What Is an Uncontested Divorce?
In an uncontested divorce, you and your spouse agree upon everything regarding the dissolution of your marriage. If you serve divorce papers on your spouse, he or she will sign the papers and send them back to you.
You can also obtain an uncontested divorce if your spouse does not return or answer the papers within a certain time period, and you can prove that they were properly served.
If your spouse disagrees with anything in the divorce papers, then the matter becomes a contested divorce, and you will have to resolve your differences through negotiation, the courts, or both.
Uncontested vs. Contested Divorce
In October 2010, New York became the last state in the country to enact a no-fault divorce ground. Under this law, you can get divorced if your marriage has “broken down irretrievably” for six months or more.
In New Jersey, the concept of no-fault divorce was adopted in 2007, and while it is called “Irretrievable Breakdown,” the basis is the same as that explained above for New York. Either party to the marriage can assert this ground for divorce.
It is not required that you be separated for the last 6 months; all that is required is that the marriage has been “broken down” for six months. Some issues must be resolved before the Court can grant a no-fault divorce. These issues include:
- Equitable division of marital property
- Spousal support payment or waiver
- Child support payment
- Attorney fees
- Child custody
- Visitation
We can advise you on all of the legal aspects of an uncontested divorce. Get specific answers to your questions by consulting with a Staten Island uncontested divorce lawyer at your earliest opportunity.
Do You Still Need a Lawyer Even if a Divorce is Uncontested?
In many cases, the answer to this question is “yes.” Quite frankly, one of the biggest mistakes people make during the divorce process is assuming that simply because a divorce is “uncontested,” it is therefore simple or that there is little at stake. Unfortunately, this is not always true.
Though uncontested divorces are generally faster, less expensive, and less emotionally exhausting than contested divorces, the reality is that you are still ending a legal relationship that may involve your finances, your property, your children, your retirement assets, and your future.
Many husbands enter uncontested divorces believing they are simply trying to “keep the peace” or avoid unnecessary conflict. While this is understandable, it is also important to understand that once a divorce agreement is finalized and entered by the court, changing its terms later can become extremely difficult. Therefore, even if you and your spouse currently agree on the major issues in your divorce, having an experienced Staten Island divorce lawyer review your agreement and ensure your interests are protected can make an enormous difference.
Why Do You Still Need a Lawyer for an Uncontested Divorce?
For example, many men are surprised to learn that divorce agreements often involve far more than simply determining who keeps certain property. In reality, an uncontested divorce agreement may address:
- Child custody
- Parenting time and visitation schedules
- Child support
- Spousal maintenance/alimony
- Division of retirement accounts
- Marital debts
- Equitable distribution of marital assets
- Health insurance responsibilities
- Tax-related issues
- Future modification rights
If these issues are not properly addressed, clarified, or negotiated beforehand, significant problems may arise later on. Furthermore, many men unknowingly agree to unfair financial arrangements simply because they want the divorce process to end as quickly as possible. While this is understandable in some ways, the truth is that it’s always best to have a knowledgeable and experienced attorney in your corner from the start who can effectively represent your interests and be your advocate at every turn.
What Can Go Wrong in an Uncontested Divorce?
A myriad of things. Even uncontested divorces require substantial documentation and strict compliance with court procedures. In every divorce, paperwork has to be properly completed, filed, and served, and any mistakes or missing information may delay the process considerably. In some situations, courts may even reject improperly-prepared paperwork altogether.
Another important thing to keep in mind is that a divorce that begins uncontested does not always remain uncontested. In many cases, when divorcing couples begin talking about things such as finances, parenting schedules, or support obligations and how they’ll be divvied up, serious disputes can arise. For this reason, it’s best to have an attorney in your corner from the very beginning who is already familiar with your case and your goals, and who can quickly pivot to being your staunch defender if things go south.
Contact an Uncontested Divorce Lawyer Today
At Dow Divorce Law, we understand that many men pursuing uncontested divorce simply want a fair resolution that allows them to move forward with their lives while protecting their relationship with their children and their financial future. Though uncontested divorce is often the most efficient path forward, it is still important that you fully understand your rights before agreeing to anything. If you are considering divorce or have questions regarding the uncontested divorce process in New York, please do not hesitate to contact Dow Divorce Law for an initial consultation today.
