Uncontested Divorce Lawyer in New York City - Divorce Lawyers

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One of the most challenging things a couple may have to do during the course of their marriage is going through a divorce. However, a divorce does not have to be acrimonious. If a couple can come together to make decisions based on the best outcome for each party and their family, an uncontested divorce may be the best approach.

For over 30 years, the experienced New York divorce attorneys at New York Family Law Group have helped clients navigate the complicated terrain of divorce and other family matters. Attorneys Ethan Steward and Martin Mohr have dedicated their careers to families dealing with divorce, offering the most skilled and compassionate representation possible.

Call us today at (718) 293-1542 to speak with a skilled divorce lawyer.

What is an Uncontested Divorce in New York City?

An uncontested divorce is when both parties can come to a mutual agreement on all the terms of their divorce without the involvement of the courts. While divorce is never easy, it can be uncontested. Some couples can come together to craft agreements that are fair to both parties. An uncontested divorce can be a more amicable, cost-effective, and less time-consuming solution.

An uncontested divorce can be a relatively simple matter when a couple has no issues when it comes to their properties, assets, debts, or minor children. Even when assets and young children are involved, spouses who can cooperate and agree on key issues can avoid conflict and a lengthy contested divorce process.

New York Family Law Group’s team of attorneys may be able to help if you are looking for skilled legal advice regarding your divorce. It may be an overwhelming time for your family, but it does not have to be hard. You do not have to go to court. Having a skilled divorce attorney who can help you settle key issues with your spouse amicably is very important. Schedule a consultation with our attorneys today to learn more about how we can help.

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What Qualifies a Couple for an Uncontested Divorce?

In order for a couple to qualify for an uncontested divorce in New York, they must:

  • Meet state residency requirements
  • Agree that they both want the divorce
  • Agree on the division of marital property
  • Agree on both the legal and physical custody of the children
  • Agree on who will pay child support and in what amount
  • Agree to any spousal support

Even in the friendliest of divorces, coming to these agreements will often involve disagreements and may require skilled negotiation. Having the representation of an experienced attorney for divorce ensures that your best interests are considered while keeping the focus on cooperative negotiation and terms that can be agreed upon by the couple.

While an uncontested divorce is not always suitable for every couple, if they can come together with a focus on cooperation, the rest may be up to skillful negotiation between both parties. At New York Family Law Group, uncontested divorce attorney Martin Mohr and his team of NYC uncontested divorce lawyers have helped countless couples negotiate and finalize their divorce in an uncontested manner, allowing for a more amicable and cost-effective resolution.

New York Uncontested Divorce Offer Important Advantages

Ending a marriage is always emotionally overwhelming, even in the friendliest of scenarios. But an amicable divorce is only one of the advantages of an uncontested divorce. Other advantages include:

  • Uncontested divorces often open the door for more cooperative and peaceful communication.
  • A divorce that is not contested is less costly due to the absence of court costs and extensive legal fees.
  • Many aspects of contested divorces require court filings that become a matter of public record. With an uncontested divorce, there are few legal filings that the public has access to.
  • A divorce that is uncontested can reduce friction and animosity between a couple and enable them to work toward more amicable resolutions.
  • Without the conflict of contention and the court’s intervention, an uncontested divorce can offer a far quicker resolution.

New York Family Law Group’s team of skilled family lawyers understands the challenges families face while going through the process of divorce. It does not have to be complicated. Going through an uncontested way can help the couple be more amicable when it comes to key issues in the divorce process. We can help.

Call us today to schedule a consultation with an experienced family law attorney. 

“We are focused on what matters to you, your family, and your future.”

Martin Mohr & Ethan Steward

Managing Partners of New York Family Law Group

How Do Grounds for a New York Divorce Work?

Until 2010, getting a divorce in New York required that one spouse had to prove grounds, or blame, to divorce the other spouse. As the last state in the nation to finally offer a no-fault option for divorce, the grounds of irretrievable breakdown of the marriage were added to the list of available grounds for a divorce in New York, becoming the seventh ground for divorce in the state.

While New York still requires grounds for a divorce, a couple filing for an uncontested divorce can use New York’s no-fault grounds of irretrievable breakdown of the marriage instead of the other fault-based grounds. This can remove the blame aspect from the divorce and set the stage for friendlier and more cooperative negotiation.

In an uncontested divorce, the divorcing couple must agree on how they will divide their marital property. Marital property in New York is defined as the property and debt that was acquired by either or both parties during the time they were married. Anything that either spouse brought into the marriage acquired before is considered separate property.

Marital property can include:

  • Property and other assets purchased during the time the couple was married
  • Any appreciation of separate property during the time the couple was married
  • Income earned by either spouse during the marriage
  • Any investments made using either spouse’s income during the marriage
  • Retirement benefits of either spouse that were earned during the marriage
  • The couple’s business interests

The courts recognize equitable distribution in New York and will divide marital property in a way they see fair given a set of factors. But in a divorce that is uncontested, a couple can decide for themselves what they consider a fair division of their property.

To divide marital property fairly, may involve understanding what each spouse has contributed, what they will need going forward, and a valuation of the property to ensure equitability. Having the assistance of a New York attorney can help you understand what your needs and those of your family will be going forward to enable you to come to a fair agreement about marital property division in an uncontested divorce.

When minor children are involved in a divorce that is uncontested, the court will take a closer look to ensure that the best interests of the children have been considered and protected. A divorcing couple with minor children must come to an agreement concerning child custody and visitation that will be best for the children.

Custody involves legal and physical custody of the children. Legal custody is the parent who will have the authority to make decisions regarding the children’s educational, medical, and religious upbringing. Physical custody is where the children will physically live. A parenting plan must be developed by the couple offering both parents ample and fair time with their children. While some divorcing parents choose to allow for “reasonable visitation” for the noncustodial spouse, it may result in misunderstandings and future arguments. The more concise the plan, the more enforceable it will be should the need ever occur.

At New York, Family Law Group, our New York uncontested divorce lawyers work closely with divorcing parents to craft the most comprehensive and legally enforceable custody agreement and parenting plan that works for the parents but leaves less room for misinterpretation.

To schedule a consultation with an experienced attorney, call us at (718) 293-1542.

Child support is the financial obligation that one parent has toward the other toward their children’s  support. This is traditionally paid by the noncustodial parent to the custodial parent to help pay for everyday costs such as shelter, food, clothing, education, health insurance, and other living expenses.

The Child Support Standards Act was implemented to ensure that both parents are fairly contributing to the children’s financial support and mandate specific guidelines. If both parents choose to develop their own support conditions, they may opt out of the required guidelines for child support by means of a stipulation that sets out their own terms and conditions of support for their children.

What Happens if Both Spouses Can’t Come to an Agreement?

Just because a divorce begins as an uncontested divorce doesn’t mean that a couple may not come to roadblocks where they can’t find mutual agreement on a  matter. If these matters cannot be negotiated and resolved, the divorce will become contested and then must be litigated before the court to resolve any outstanding issues.

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Getting the Assistance of an Experienced Uncontested Divorce Attorney

No matter how friendly a divorce may be, navigating it can still be complicated, and issues often arise. A divorce that is uncontested requires that both parties agree to and sign a formal written agreement. At any point up until this time, communication can break down, and emotions surface. Most often, a final agreement will not be reached until there has been significant negotiation between parties.

Having the representation of a skilled New York uncontested divorce lawyer ensures that your legal rights and needs are being considered while furthering the most cooperative negotiations possible in order to meet those needs. At New York Family Law Group, we are an experienced team of uncontested divorce lawyers who will protect your rights and the interests of your children each step of the way. For over 30 years, we have helped families like yours navigate divorce and other family law issues. Let us put our experience to work for you.

Call us at (718) 293-1542 or contact us via our website contact form.

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