What is an Uncontested Divorce?

An uncontested divorce is the dissolution of a marriage where the parties involved have worked out the important issues surrounding the divorce without seeking court intervention. Key issues that might be resolved between the spouses include the division of property, child custody and child support.

In New York, as in most other states, individuals may file for divorce without the assistance of an attorney. However, in most cases there are legal consequences that may result from the termination of a marriage which require specialized attention. These issues directly impact your family, children and finances. Whether you choose to go it alone or seek assistance, you should always seek legal advice from an attorney for the Drafting of Orders and/or your Final Judgment of Divorce.

Children in Divorce. If an uncontested divorce involves minor children, one issue that must be decided is which parent will be the custodial or residential parent. That is, which parent will be the primary parent responsible for the day-to-day care of the children. Often the non-custodial parent will be responsible for child support. Child support payments in NY are statutorily required and are calculated based upon a percentage of the combined income of the parties. Depending on how many children are involved, the non-custodial parent will be required to pay to the custodial parent the following percentage of his or her income:

One Child 17%
Two Children 25%
Three Children 29%
Four Children 31%
Five + Children no less than 35%

Spousal Support, Pension Plans and Property Division. If you are asking for spousal support (alimony or maintenance) or a share of the your spouses pension plan, you should seek advice of an attorney. These are issues that often become hotly contested, especially where one party is more financially well-off than the other. It is recommended that you both hire lawyers and/or a mediator to aid in the negotiation in order to reach a fair settlement. If these issue are not resolved between the parties, a judge assigned to the case may be forced to make the decision.

Marital Settlement Agreements. Where divorcing parties have children in common or own a home or any significant assets for that matter, it always advisable to prepare a Marital Settlement Agreement prior to finalizing the divorce. A settlement agreement is essentially a binding contract between a husband and wife which addresses all or most issues surrounding the dissolution of their marriage. Who will have custody of the kids? What visitation rights will the non-custodial parent enjoy? How much spousal support will be paid and for how long? How will proceeds from the sale of a marital home be divided? Who is responsible for medical expenses? These are all vital issues that should be addressed, resolved and provided for in a well drafted agreement.

In conclusion, divorce brings with it a plethora of issues that have far-reaching affects on both your family and finances. There are some issues that might not be easily corrected if not properly addressed. Wise advise-don't go it alone. Seek assistance from a legal professional.

For a free consultation, feel free to contact Yaniv & Associates, PC. We are always happy to assist.