Uncontested Divorce Lawyer in Long Island

What Makes a Divorce Uncontested in New York?

Because of the relatively simple nature of an uncontested divorce, as compared to a contested one, there are specific requirements that must be met in order for a couple to be eligible for this kind of divorce.

First, there must not be any disagreements between you and your spouse over any financial or divorce-related issues, including:

• Child custody
• Child support
• Division of marital property
• Spousal support or alimony

It is important to keep in mind that many parties begin the divorce process thinking that their spouse will not contest the terms, only to find out that they cannot reach an agreement, or disagree on certain elements. Many individuals can get into trouble when, believing that their spouse will cooperate fully, they file on their own, without the help of an attorney.

Even in an uncontested divorce, without the benefit of an attorney’s counsel, you will be responsible for making final determinations regarding important matters such as liability for joint debts, insurance benefits, division of marital property (which includes things such as retirement plans, benefit plans, etc.), and many other important matters.

You may risk losing your claim to certain things that you are entitled to if you overlook them while representing yourself. Once entered, divorce decrees are incredibly difficult to modify.

Alternative Dispute Resolution

If you begin the process believing that your former spouse will not contest the divorce, but later realize that this is not the case, you may still be able to avoid a protracted litigious process fraught with disagreement. Although your divorce may be technically considered “contested,” an experienced attorney at Jason M. Barbara & Associates, P.C. can still negotiate and settle the contested matters which can make a Divorce more affordable.