With an uncontested divorce, it makes things easier for both parties. The court procedures are more streamlined, which can help each party save money. In addition, the larger issues in the divorce, such as child support arrangements, child custody, spousal support and division of property are easier in an uncontested divorce because the parties tend to be more agreeable to the terms.
Eligibility for Uncontested Divorce in Queens, New York
In general, an uncontested divorce is available for couples who do not have any lingering disagreements on all of the basic issues that are dealt with during a divorce. Those issues include property division, spousal support, child custody and child support. Just like a contested divorce, an uncontested divorce is started when one party files for the divorce. Paperwork in an uncontested divorce is typically streamlined and includes all information about property and children, as well as a statement regarding the grounds for divorce.
If the other spouse agrees to the divorce or fails to make an appearance in the court, the court may grant the divorce. On the flip side, if the other party doesn’t agree with the divorce and makes their own court filings and the uncontested divorce cannot be granted to the original filer.
What are the Benefits of an Uncontested Divorce?
One of the main benefits of getting an uncontested divorce in Queens, NY is that both parties can save a good deal of money. This is generally because they agree on the terms of the divorce and there is less time spent in court because they are not battling it out. Even with an attorney representing each party, the court costs associated with an uncontested divorce are lower and the lawyer’s bills may also be lower.
In addition, an uncontested divorce allows both parties to get their divorce granted more quickly. This is because there are fewer proceedings and less legal snags. When you have an uncontested divorce, you can dissolve your marriage faster, which can allow you to get on with your life much faster and with less drama.
Although all divorces generally have some type of conflict involved, with an uncontested divorce, it is kept to a minimum. Conflict is essentially minimized due to fewer demands and fewer problems are liable to arise.
It is normal for information involved in divorce proceedings to become open to the public unless one or both parties have it filed under seal. That means any information that becomes public record is generally less than in a divorce that was contested and messy. There is less information filed with the court during uncontested divorce proceedings. This allows the parties to retain their sense of privacy.
What are the Disadvantages of an Uncontested Divorce?
Unfortunately, although there are many advantages of getting an uncontested divorce, there are also some disadvantages as well. In general, if the marriage resulted in children, there was a complex situation regarding property or disputes about the property or if there is a potential for a considerable disagreement, an uncontested divorce may not be the option for you. Although an uncontested divorce is relatively simplistic and can save the former spouses a good deal of money, it may not be the right route to go if the two parties cannot satisfactorily agree to a variety of terms. Terms like property distribution, child custody and spousal support are often complex and emotional.
Couples seeking a divorce who have children are also required to make additional filings for child custody if they choose to go the route of an uncontested divorce. It is important to resolve any issues with child custody and the subject is emotional and requires very specific procedures.
However, no matter what the case, it’s important to have a skilled divorce attorney on your side to look out for your interests, even if your divorce is uncontested. Your lawyer has the knowledge and experience of the laws and can help you to get the possible results during your uncontested divorce.