When you say “I Do” you do so with the dream of buying a home together, having kids, Disney vacations and your own “happily ever after”. Divorce has always been for “other people” and you were married, you knew with all your heart that your marriage was built on a solid foundation that would last a lifetime. Unfortunately, life doesn’t always go according to the fairy tale plans we make and many pitfalls can complicate what seemed like the most perfect of situations. We understand that many of the clients that walk into our office have gone through great lengths to try and save their marriage, but sometimes this simply isn’t possible. While the marriage didn’t work out, they still care that they both move forward in a positive direction, without dragging each other through the mud. In this case, an uncontested divorce may make the most sense and both parties can walk away getting with what they desired along with an amicable relationship moving forward.
When potential divorce clients come into our office for a free consultation regarding obtaining a divorce, the first question they ask is whether their situation will result in a contested or an uncontested divorce. The fact of the matter is that the only two people in the room that know the answer to that is are the two people sitting in front of us – the husband and wife. Divorces can be time consuming, emotionally stressful and expensive which is why we understand why it is the goal of many couples to want to go the route of an uncontested divorce.
An uncontested divorce is one in which both parties whole-heartedly agree to the terms of the divorce and there are no outstanding issues left on the table. It isn’t enough to agree on certain terms and not on others, all terms must be put into writing, signed by both parties and notarized. Generally speaking, in the event of an uncontested divorce, the husband and wife have limited ties with each other and the relationship is easy to untangle. The husband and wife have been amicable to each other, they have discussed the terms, understand the terms and have settled the terms.
Q: Can I start with an uncontested divorce and convert it to a contested divorce if things don’t go according to plan?
Yes, you can, however, the more efficient way to proceed is to start out as a contested divorce and attempt to resolve the issues without the intervention of the courts and without lengthy discovery, depositions and ultimately a trial. The lawyers at Jackson Bergman can do this with a detailed Stipulation of Settlement.
Q: How long will my uncontested divorce take to process?
Generally, an uncontested divorce can take around 4 - 6 months, however, by working aggressively in talks with opposing counsel, we can often procure a final divorce decree for our clients in 3 months or less.
Q: What if we have children together?
All matters such as child custody, support, visitation etc. can be decided by you and included in your divorce papers. All decisions should be in the best interest of the children.
Q: Can I represent myself in an uncontested divorce?
You can, but you may risk losing certain rights stemming from the marital relationship that are not readily apparent to a person who is not an attorney.
Q: Will I be required to go to court in my uncontested divorce case?
Generally, as long as the divorce remains in an uncontested state, you will not need to go to the Court to settle your uncontested divorce.
Neither you nor your spouse deserves to live life in a constant state of limbo and if you have children, they certainly don’t deserve it either. Being able to start your life over on a better foot, without financial or emotional burden, is priceless. Moving forward knowing that you and your partner did everything you could do to try and make things work, knowing that you’re providing an honest and equitable solution for each other and that children (if any) are being well taken care of is the best way to put closure to this chapter of your life.
Fill out the form on this page or call our office today to schedule your free uncontested divorce consultation with our experienced NYS divorce attorneys. We are happy to help you understand your legal options and work with you to find a solution that will help put this chapter behind you and work towards moving forward in life in a positive light.
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