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Can you agree to an uncontested divorce?

On Behalf of | Aug 15, 2022 | Divorce, Family Law |

Choosing an uncontested divorce can ease many New Yorkers’ financial and emotional burdens when they decide to end their union. In addition, this option can dissolve a marriage amicably and efficiently.

However, an uncontested divorce only benefits spouses who can agree to terms, including the following.

Grounds for the divorce

One spouse may not hold the other responsible for a marriage’s breakdown due to misconduct or cruelty. Instead, couples may pursue an uncontested divorce because there is an irretrievable breakdown of their relationship with neither party being at fault.

Division of property and assets

One of the most significant advantages of choosing an uncontested divorce is that couples can decide how to split their real estate, retirement funds and other assets rather than relying upon a judge’s discretion under New York’s equitable distribution guidelines. As a result, spouses retain greater control over negotiations leading to an arrangement agreeable to both.

Child custody, visitation and support

The New York court system aims to promote the welfare of children whose parents seek a divorce. Therefore, parents who present the court with an acceptable agreement regarding legal and physical custody and visitation and how they will support their children financially can avoid having a judge make these critical decisions for them.

Spousal support

In New York State, a judge may decide if one spouse must make support payments to the other following a divorce. Marriage length, a spouse’s health and age, child care requirements, education costs and distribution of other assets can influence spousal support arrangements. However, the parties can avoid the court’s intervention when they agree to specific terms for support or waive it entirely.

Although an uncontested divorce can facilitate your marriage dissolution, you may still need to resolve some issues after obtaining your final judgment.

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