Divorce is always an emotionally trying time for everyone involved. Just the decision can be painful and heartbreaking, especially if there are children involved.
You may know someone whose divorce seemed to take forever. That may be because of issues that took time to resolve. Child custody, property division and financial affairs are some of the most common sticking points in a divorce. They can take months or even years to resolve before finalizing.
But what if you and your spouse already know what you want to do? Maybe you haven’t been married for long, or don’t have children or joint assets. Or you decided everything ahead of time when you created a prenuptial or post-nuptial agreement, so there is no need for haggling. Both of you agree that your marriage has been over for six months or more, and there is little to no chance of reconciliation.
You can make things a little easier on yourselves and maybe part more amicably.
New York law allows couples to pursue an uncontested divorce based on “irretrievable breakdown.” This is sometimes called “irreconcilable differences” in other states, and means that both parties just want and end to the marriage. It’s New York’s “no fault” divorce.
Because you and your spouse have already made the necessary decisions, the judge doesn’t have to make any. If everything is legal, and the terms are fair and amenable, chances are the judge will simply sign the order and the divorce is final. It’s that simple.
In a no-fault divorce, one spouse simply swears under oath that the marriage has been “irretrievably broken” for more than six months. Neither party needs any proof of any other grounds, and the divorce can proceed.
A contested New York divorce can take nine months or longer, depending on the court and the circumstances.
Filing uncontested can, in some counties, take as little as three months once your spouse has been served. However, this is contingent upon everything being resolved and agreed upon, including child custody and visitation, asset and property division, and other relevant issues.
Working with a New York divorce attorney from the outset will make sure that everything goes as smoothly as possible.
Benefits Of An Uncontested Divorce
If you and your spouse are planning a divorce, here are a few reasons why you should consider going the uncontested route:
- Faster and easier than contested
- Less expensive overall, even with attorneys, because the court costs are less
- Allows for a more amicable dissolution
- You and your spouse have control over the process, rather than waiting to see what a judge will order for you
- Financial documents stay confidential, rather than part of a public record as they would under a contested proceeding
- The divorce is over with minimal disruption so you can get on with your life
There is one caveat: if one party changes direction and decides to contest the proceeding, you will then have to go through discovery and then litigation for a contested divorce.
Experienced Family Law Mediators For New York Families
At the Law Office of Stacy Sabatini, Esq., we provide an array of family law and related legal services to families in Rockland, Orange, and Westchester counties. To find out more about paternity, child support, custody and visitation orders as well as our other services, please contact our office online by filling out our online form or call (845) 243-0295 today!