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If you and your spouse are going through a divorce but you have agreed on everything, you may be tempted to forego legal counsel. Although an uncontested divorce is preferable to a contested one, you could be jeopardizing your legal interests if you don’t have an attorney.
For this reason, it’s time to consider hiring a lawyer, even if you and your wife are amicable. This will benefit you in the long term and give you peace of mind as you move forward with your divorce. Count on the Garden City family law firm of The Saul Law Firm, LLP.
What is an Uncontested Divorce?
In New York, a divorce can either be contested or uncontested. If the divorce is contested, it generally takes longer and may require numerous court appearances. Conversely, if the divorce is uncontested, the process is usually quicker and court intervention is unnecessary.
Many spouses believe they have an uncontested divorce because they agree in general with ending the marriage. Or, they may agree to some broad principles about what the terms of the divorce should look like, but they don’t agree on the details.
To ensure your divorce is truly uncontested, you and your spouse need to agree on all parts of the divorce. This includes:
- The ending of the marriage (divorce) itself
- How you and your spouse will divide all of the marital property and debts
- Whether spousal maintenance (alimony) is to be paid, how much, and for how long
- Which parent will have primary physical and legal custody of the child
- How much monthly child support will be paid
Why Should I Hire a Garden City Divorce Lawyer?
Assuming you’ve agreed with your spouse on everything about the divorce, including the above terms, you may still wonder why you need an experienced divorce attorney to help. But there are a few good reasons to retain legal counsel:
- Drafting a separation agreement: Once the spouses agree on how the divorce should go, it’s recommended they draft a separation agreement. A divorce lawyer can ensure the agreement is properly drafted, comprehensive, and enforceable.
- Protecting your rights and ensuring fairness: A lawyer will also want to make sure the terms of the divorce are truly in your best interests. In other words, to see whether you are giving up any important rights or being treated unfairly.
- Including important details: One major problem with do-it-yourself divorce is that spouses tend to leave out important details. For instance, you may have settled physical custody (with which parent the child resides) but left out legal custody (who has decision-making authority).
- Dividing complex assets: The division of marital property is often complicated, especially with such assets as retirement accounts, real estate outside of New York, and investments. You need to make sure sufficient information is included in your separation agreement to effectuate this division.
- Complying with the court’s expectations: Judges expect to see spouses observe certain details and formalities in separation agreements and uncontested divorces. As an example, your child custody provisions must protect the child’s best interests or the judge will reject them. Similarly, the Stipulation must set forth the statutory calculation of child support and spousal maintenance even if the parties are deviating from the amount that would be owed by statute.
- Following the correct procedures: Uncontested divorce is more than just two spouses agreeing on divorce terms. There is important paperwork to file and serve, and you must avoid errors while following the applicable procedures. Otherwise your divorce could be denied or delayed.
- Meeting residency requirements: There are also often complex residency requirements spouses must meet before they can divorce in Garden City or elsewhere in New York. The courts of this state may not have jurisdiction over your divorce if you don’t understand these rules.
- Avoiding future disputes: One of the most important contributions of a divorce lawyer is to take steps that can mitigate the risk of conflict after the divorce. A well-drafted separation agreement, clearly explaining the spouses’ rights and obligations, can avoid unnecessary disputes.
Can a Garden City Family Lawyer Help Me if My Spouse and I Don’t Yet Agree?
You may have read the above requirements and feel unsure as to whether you and your spouse really have an uncontested divorce. Our firm can review the details of what you and your spouse have agreed to and get to work with the goal of an uncontested divorce.
If the agreement lacks details, we can negotiate those with your spouse. This includes through mediation and working on the draft of a separation agreement. When it comes time to file your uncontested divorce, we can handle all paperwork, filing, and other procedural requirements.
Ready to Begin Working on Your Divorce?
Even an uncontested divorce has its challenges, but having an attorney instead of taking a do-it-yourself approach will benefit you in the long term. If you’re in Garden City and wish to begin working on your divorce, connect today with The Saul Law Firm, LLP.