New York Attorneys By Your Side Through An Uncontested Divorce
Last updated on December 20, 2024
Divorce often brings pain and stress, leading to contentious proceedings. But, uncontested divorces offer a calmer path. At Fersch LLC, we guide couples through divorce with less conflict. We help reduce stress and keep things friendly when possible, whether your case is heard in family court or the New York Supreme Court.
Our team has over 50 years of combined family law experience in both court systems. We offer skilled help for your uncontested divorce. Even when the process seems simple, we’ll help pave the way for a smooth transition to your new life chapter.
How No-Fault Divorces Handle Key Issues
No-fault divorce in New York means you don’t need to prove wrongdoing to end your marriage. This applies to all marriages, including same-sex unions. You simply need to state that your relationship has broken down for at least six months. In these cases, both spouses typically handle matters like child custody, child/spousal support decisions and asset division through mutual agreement.
Child Custody And Support
For child custody, parents in uncontested divorces typically create a parenting plan together. This plan outlines:
- Primary residence of the children
- Visitation schedules for the noncustodial parent
- Holiday and vacation arrangements
- Decision-making responsibilities for education, health care and religious upbringing
- Communication methods between parents regarding the children
- Rules for introducing new partners to the children
- Procedures for resolving future disagreements
- Transportation arrangements for visitation exchanges
- Provisions for extracurricular activities and associated costs
Child support usually follows state guidelines, but couples may adjust these based on their specific situation. This approach offers solutions for family matters without the divorcing couples having to go to court.
Asset Division
In uncontested divorces, couples agree on how to divide their assets without a judge. They’ll still follow the equitable distribution rule but have more flexibility to decide what’s fair for their situation. Often, they use a collaborative approach such as mediation to divide property and assets. This type of approach often satisfies both parties.
With help from Fersch LLC‘s New York uncontested divorce lawyers, couples can make plans that fit their unique needs. This makes the divorce process smoother and less stressful. Schedule your free consultation with our firm at 646-679-1456 or through this online form.
Difference Between Uncontested Divorce Versus Litigated Divorce
In both types of divorce, couples address the same key issues. The difference lies in the process of how these issues are resolved. Think of an uncontested divorce as a friendly agreement, while a litigated divorce is more like a courtroom argument. In an uncontested divorce, the couple agrees on all the important details themselves, without a judge having to step in.
These details include:
- Property division: Couples decide together how to split their assets and debts.
- Alimony: Spouses agree if one will provide financial support to the other.
- Child custody: Parents work out where children will live and visitation schedules.
- Child support: Parents determine how much financial support children will receive.
Uncontested divorces are usually quicker, cheaper and less stressful than litigated divorces. Because the couple works together to find solutions, they stay in control of what happens. This process focuses on solving the key issues of the divorce, rather than placing blame on either spouse. This collaborative approach can also help the couple maintain a more civil relationship after divorce.
Litigated divorces, on the other hand, involve court battles where a judge makes final decisions. These can be lengthy, costly and emotionally draining. They’re necessary when couples can’t agree or when there are issues like hidden assets, abuse or domestic violence.
Choosing an uncontested divorce, when possible, can save time, money and emotional energy. It allows for a more amicable split and a faster transition to your new life chapter.
New York Uncontested Divorce FAQs
Uncontested divorces can seem straightforward, but divorcing couples still have questions. We’ve compiled some common queries to help you understand the process better. These answers provide general information. Since the outcome is on a case-by-case basis, reach out to our firm for more specific guidance.
Do you need a lawyer for uncontested divorces?
Handling an uncontested divorce without a lawyer is possible, but a lawyer can help. They can help you gather, file and complete all necessary paperwork on time. They can also spot problems you might miss and protect your rights. Even in friendly divorces, legal guidance can provide peace of mind and prevent future complications.
How long does it take for an uncontested divorce?
In New York, it usually takes three to six months. This can change based on court schedules and how fast you and your spouse reach agreements. If all paperwork is in order and there are no disputes, the process can be relatively quick. Rushing through important decisions isn’t advisable, so take the time you need to make informed choices.
Do you need a settlement agreement for uncontested divorces?
Yes, a settlement agreement is still important for an uncontested divorce. This agreement forms the basis of your divorce. Without a clear, detailed agreement, you might encounter misunderstandings later on. This can potentially turn your uncontested divorce into a contested one. Having a New York uncontested divorce attorney review your agreement can help make sure it’s fair and legally sound.
Begin Your New Chapter With Fersch LLC
Ending a marriage is undoubtedly challenging, whether contested or uncontested. We offer a free initial consultation to discuss your situation and explain how we can assist you. This meeting is your opportunity to gain clarity and peace of mind as you move forward. Call 646-679-1456 or send us an email to get started.