For some people, divorce involves angry discussions across the kitchen table followed by embarrassing revelations in court. As such, most people think of litigated proceedings when picturing a New York divorce. However, those who have decided to end a marriage do not automatically need to fight with one another in family court. The state also allows spouses to file uncontested divorces.
In an uncontested New York divorce, the spouses have already agreed to the terms for all of the major matters in their divorce. They only require final approval from the courts to turn those agreements into enforceable court orders and to officially terminate the marital relationship. It can require a lot of time and patience to arrange for an uncontested divorce. Yet, there are significant benefits that inspire most people to settle their divorce matters with their spouse outside of court.
Control over the outcome
For many people, concern about custody terms for their children or the distribution of certain marital property can be a powerful incentive to cooperate. Successful uncontested New York divorces allow spouses to set all of their own terms regarding property division and other key elements of the divorce. Spouses have to agree on matters involving the division of marital assets and debts, child custody and even spousal maintenance to pursue uncontested divorces. Those with specific goals may find that uncontested divorces help them achieve what they view as non-negotiable during divorce proceedings.
Reduced conflict and costs
Those who successfully negotiate an uncontested divorce don’t need to further damage their relationship by fighting in court. They can also reduce how much it costs to divorce in many cases. Less time spent in the courtroom means less overall expense. The average uncontested divorce costs a fraction of a divorce where couples litigate all of the major decisions. Some couples can reduce their costs even more by reaching certain agreements before they even involve their own lawyers in the process.
Couples can reduce how much they fight during the divorce process by committing to an uncontested divorce, which can help them work together after divorce. The reduction in conflict can be particularly beneficial for those who share children.
Remembering the benefits derived from an uncontested divorce filing may help people find the motivation to continue cooperating with the difficult spouse as they prepare to divorce.
