Is an uncontested divorce right for me?

| Feb 9, 2021 | Divorce |

There is a perception that every divorce in New York and across the United States involves couples who are disagreeing about every issue in their case and cannot find any area of common ground. While that might be true in the more prominent cases that are reported on the news and go viral on the internet – often involving celebrities and wealthy people – it is not always that way. In a best-case scenario, the sides can collaborate on the relevant issues, negotiate and agree to part ways with limited animosity and endless dispute. In others, it is possible to simply file for an uncontested divorce. It is important to understand the key aspects of an uncontested divorce.

What should I know about an uncontested divorce?

When the decision is made to divorce, the level of disagreement is a crucial factor in whether it will be a contested or uncontested divorce. In many instances, one side wants the divorce, but the other does not. This is not a good start for an uncontested divorce. If the sides are in basic agreement about the fundamental topics that arise in divorce cases like property division, child custody and support, then there can be an uncontested divorce. The spouses can agree to divorce or the person who is being served the divorce papers does not appear. This will also warrant an uncontested divorce.

People might make the mistake in thinking that their spouse will agree to the divorce and there will be an uncontested divorce. The spouse might then try to fight the case. For couples who have minor children or there is likely to be a disagreement about any of the above issues, it might be better to rethink filing for an uncontested divorce.

It may be wise to have legal help with any kind of divorce

People who believe they meet the criteria to get an uncontested divorce are frequently surprised to find themselves in the middle of a contentious battle. One reason people use the uncontested divorce process is that they think it will be cheaper due to the “do it yourself” divorce option and they can get the case over with quickly. Failure to understand divorce law and how the situation can spiral out of control can cause more challenges later, so even if the circumstances are negotiable and the parties have agreed to part ways with limited rancor, having legal assistance is a wise step. In contentious divorces, it is imperative.


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