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What is an Uncontested Divorce?
While divorce proceedings come with many complications such as child custody arrangements and financial complications such as spousal support and how to distribute debt and property between the two divorcing parties, these issues do not have to raise disputes. Both parties can amicably agree and find compromises on how to handle these issues. An uncontested divorce happens when:
1. If there are no major disagreements on issues such as minor child custody agreements, spousal support, and division of debt and property.
2. If one party fails to show up to court, then they are considered to have agreed to the divorce and the terms of the divorce.
An uncontested divorce is not necessarily as easy as most people tend to think. It is, however, the easiest divorce option. Contested divorces are costly and brutal on the family members especially if children are involved. If asset and liability division has been established and there are no young children from the marriage, then the uncontested divorce will be simple.
How Can an Attorney Help in an Uncontested Divorce?
Divorce is a complex process whether it is contested or uncontested. You will, therefore, need an attorney to guide you through the divorce process. An attorney provides certain expertise that no one else can give you as you go through the process of division of marital property, spousal maintenance, orders of protection, child custody, visitation and support, and insurance issues.
If divorce papers are issued to your spouse, and they are unavailable, then an attorney is able to advise on alternative methods that you can use to ensure you finalize your divorce.
In the unlikely and unfortunate event that your spouse neglects the initial divorce agreement, then a lawyer can come in to mediate between you two to make sure the uncontested divorce does not turn into a contested divorce.
An attorney is well-informed on all the different aspects of divorce proceedings and what you are entitled to from the marriage. Thus, if you represent yourself, you might miss out on what is rightfully and legally yours simply because of ignorance.
Going to court should be avoided as much as possible during divorce. It is recommended that couples consider collaborative law or divorce mediation to make the process least stressful for themselves and their family. An attorney is in an excellent position to provide suggestions of the most experienced mediators. If this does not work, then couples can opt for collaborative law where they deal with their lawyers to resolve the issues that might be hindering the process from being finalized.
Every divorce is unique and different methods could be used to make the process as pain-free as possible.
In some instances, individuals are unsure of whether they meet the requirements for getting divorced in the state New York. In this case, an attorney is required to provide consultation services. They are best placed to advise a couple if they satisfy the requirements. Additionally, there are certain residency requirements that individuals need to meet before being allowed to divorce in New York.
Rules Governing Uncontested Divorces in Brooklyn
There are two basic requirements that should be met before the process of divorce can begin in New York.
1. Residency requirements should be met as stipulated in the Domestic Relations Law ‘170.
2. Grounds for divorce should be satisfied as per the stipulations in New York laws.
Either one of the following residency requirements should be met by individuals who want to divorce in Brooklyn.
1. You and your spouse should have been living in the state of New York for a continuous period of 2 years before you start the divorce process.
2. You and your spouse should have been living in the state of New York for a continuous period of 1 year. Additionally, either one of the following should apply: Your wedding ceremony was in New York, or you and your spouse resided in New York while married.
3. You and your spouse resided in New York for a period of one year on a continuous basis immediately before the date of the divorce process, and the grounds for divorce must be valid in New York.
4. Lastly, you and your spouse must be New York residents on the date you file for divorce.
Acceptable Grounds for Divorce in Brooklyn, New York
The following are acceptable grounds to divorce in New York.
1. Cruel or Inhuman Treatment. This is treatment by one spouse that endangers the physical and mental health of the other. You cannot use insanity to justify inhumane treatment, and your spouse can still divorce you.
2. Adultery. If adultery has acquiesced for 5 years, then it is considered to be forgiven by the law.
3. Abandonment. If you abandon your spouse for more than a year with no intention of going back to them and without their consent, they can file for divorce.
4. Separate Living as per a Separation Judgment.
5. Separate Living as Per a Separation Agreement
6. Minimum of 6 months of an Irretrievable Breakdown. This is the most recent ground for divorce and is also known as a no-fault divorce.
7. Imprisonment of More Than 3 Years. The imprisonment should be after marriage and should be for 3 or more consecutive years.
Uncontested divorces are less complicated than contested divorces, but still have their own complications that are best handled by a Brooklyn, divorce lawyer.