Staten Island, New York, Lawyer for Uncontested Divorce
If you and your spouse are truly in agreement not only on the fact that you should end your marriage but also on the conditions for doing so, you may be able to get a relatively simple, affordable uncontested divorce. Although New York does not recognize or provide for a “no-fault” divorce, you may be able to get an uncontested dissolution without going to court.
Many uncontested divorce/separation cases involve younger people with no children and limited assets. In order to avoid the emotional stress and strain of a longer divorce process while containing costs, you may agree that this type of amicable divorce is the right course of action for you.
Uncontested Divorce Requires Agreement on All Issues
I must emphasize that uncontested divorce is not for everyone. It is common for a client to believe this path will work, only to have practical or emotional complications come up later. Here are some key considerations to keep in mind:
- Even an uncontested divorce is a lawsuit, and handling it without a qualified divorce attorneys to advise you involves risk.
- When divorcing in New York, grounds must be established, and New York does not recognize incompatibility or irreconcilable differences as grounds for divorce.
- You and your spouse must reach a written settlement agreement on issues, including child custody, any spousal maintenance, and property division.
- A judge will review your divorce agreement to make sure it is fair and complete and, if so, will grant your uncontested divorce.
An uncontested divorce can save time, money, and stress for all concerned — if agreement on all issues is achievable. If you believe you and your spouse meet this condition, or if you would like to discuss how best to proceed in your unique divorce situation, contact me to arrange a free initial consultation in Staten Island.
Uncontested Divorce Process
Once you have decided to move forward with an uncontested dissolution, the divorce procedure is as follows:
1. Consultation
We will discuss your individual situation and the uncontested divorce proceedings in New York to see if it is right for you.
2. Drafting and Filing
I will help you draft and file the necessary divorce papers and divorce requirements with the court, including a petition or complaint, a summons, and a settlement agreement. We will then review and revise it together until it meets with your approval. The paperwork will be served on your spouse by another party.
3. Filing the Divorce Papers
Once the papers are signed, I will file them with the court. The judge will review all the documents and will then grant your uncontested divorce.
4. Finalizing Your Divorce
It is final once the judge signs your divorce decree. You will be legally divorced, and the terms of your settlement agreement will be binding on both parties.
I understand the importance of handling your uncontested divorce quickly, efficiently, and correctly the first time. I can help ensure that the divorce proceeding proceeds smoothly and that your interests are protected every step of the way.
If you have any questions about the uncontested divorce process in New York, please contact me to schedule a free initial consultation. I am Staten Island lawyer Benjamin Haber, and I have been helping people through divorce cases for decades. I will put my experience to work for you.
The Benefits of Uncontested Divorce
There are many benefits to an uncontested divorce, including the following:
- You Save Money – An uncontested divorce is typically much less expensive than a contested divorce. Avoiding litigation avoids the significant costs of going to court, including divorce attorney fees, court fees, and expert witness fees.
- You Save Time – An uncontested divorce can be completed much more quickly than a contested divorce. By avoiding litigation, you avoid the time-consuming process of going to court and waiting for a judge to make a decision.
- You Avoid the Stress of Litigation – An uncontested divorce allows you to avoid the stress of litigation. By avoiding the courtroom, you and your spouse can maintain control over the divorce process and make decisions about your future without a judge’s input.
- You Can Avoid the Emotional Trauma of a Trial – An uncontested divorce allows you to avoid the emotional trauma of a trial. Family law attorneys will tell you that trials are emotionally draining and can be very difficult on children. If you can avoid a trial, you will likely be sparing yourself and your family great stress.
- You Can Maintain Privacy – An uncontested divorce allows you to maintain privacy. You can keep your divorce proceedings private by avoiding the public court procedures. This is especially important if you have children who might be adversely affected by a public trial.
Get an Uncontested Divorce from an NYC Lawyer Today!
If you are considering getting an uncontested divorce in Staten Island, New York, it is important to have experienced legal representation. The process of getting an uncontested divorce can be complex, and there are many important decisions that must be made. An experienced divorce lawyer can help you navigate the process and ensure that your rights are protected.
At the Law Office of Benjamin Haber, we have extensive experience handling uncontested divorces in Staten Island and throughout New York City. We understand the challenges that you are facing, and we will work diligently to help you resolve your divorce quickly and efficiently.
We offer a free initial consultation to all prospective clients, so don’t hesitate to get in touch with us today to schedule a meeting. We look forward to helping you through this difficult time.
Frequently Asked Questions
An uncontested divorce can save time, money, and stress for all concerned — if agreement on all issues is achievable. If you believe you and your spouse meet this condition, or if you would like to discuss how best to proceed in your unique divorce situation, contact me, Benjamin Haber, to arrange a free initial consultation in Staten Island.
The uncontested divorce process typically takes three months to complete but can take longer if there are complications.
You and your spouse must reach a written agreement on all issues, including child custody, child support, spousal maintenance, and property division. A judge will review your divorce agreement to make sure it is fair and complete and, if so, will grant your uncontested divorce.
In an uncontested divorce, the parties have reached an agreement on all issues. In a contested divorce, the parties have not been able to reach an agreement on one or more issues and will need to have a judge hear testimony and make rulings on those disputed issues.
It is possible to get a divorce without a lawyer, but it is not advisable. Even an uncontested divorce is a lawsuit, and handling it without a qualified attorney to advise you involves risk.