Resolving Issues

How Issues are Resolved in a New York Uncontested Divorce Case

Are you thinking about a NY divorce or separation? Have been served with papers? If either of those are the case, our White Plains uncontested divorce lawyers and law firm is the right place for information. If your goal is to simply your divorce by participating in an uncontested divorce in New York, read this information and then give our Westchester County uncontested divorce lawyers and attorneys a call.

There are many issues in a New York divorce matrimonial case. If you have minor children there are issues of custody and support. If a spouse has been out of the work place for a significant amount of time there are issues of spousal support and alimony. If there is debt the question becomes who will pay the debt. If there is property there are issues of whether it is marital property subject to division, or property outside of the marital estate. Once the marital estate is established then the issue arises as to how the property is going to be distributed.

What a Divorce is

Drilled down to its core, a divorce is nothing more than a lawsuit. That’s it. It is 2 parties in a formal dispute regarding the dissolution of the marital relationship, and unwinding of the partnership of 2 people. The marriage contract, and the dissolution of it, has significant legal implications both economically and personally.

The law of New York State, specifically Domestic Relations law § 236 (NY DLR § 236) defines the economic and legal rights and responsibilities of the parties to a marriage, and defines the procedure for divorce and how custody and property is to be split up. However, it should only be that easy.

What an Uncontested Divorce is

In a divorce lawsuit the parties often disagree on what the terms of the divorce should be. They disagree over who gets custody of the children, how the assets and liabilities get divided, and a whole host of issues in between. When parties fight over what the terms should be that is called a contested divorce. When however the parties agree over the terms of the divorce that is called an uncontested divorce.

There are Many Advantages to an Uncontested Divorce. To Name a few:
  • The divorce is a lot quicker
  • The divorce goes off without a lot of acrimony and bitterness
  • In an uncontested divorce the parties get to make their own decisions on the terms instead of ceding that decision making to a judge
  • The divorce is a lot cheaper
  • The parties get more certitude when they agree among themselves as to what they want going forward

Our Westchester County, NY uncontested divorce lawyers help your uncontested divorce by listening to you about what your desire are, explaining to you what the law is and the likely outcome should the issues become contested and litigated, and help to facilitate dialog between the parties to come to an agreement that can be reduced to writing and submitted to the court not for a decision but for approval.

While we strive to give substantive information about the common issues in a NY uncontested divorce case, we know that you may have unanswered questions. If that is the case I invite you to pick up the phone and give us a call right now. We would love to chat with you and answer any remaining questions you may have.

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