Commack Uncontested Divorce Lawyer
Divorce is never easy or without stress. But there are many situations where both sides agree the marriage is no longer working and it is best to end things in a civil and amicable manner. Assuming the spouses can resolve all outstanding legal issues related to the marriage, they can seek an uncontested divorce.
Even where there is broad agreement on how to handle child custody and divide property, however, it is still a good idea for each party to work with their own independent legal counsel. An experienced Commack uncontested divorce lawyer can help ensure things go as smoothly as possible. At the Law Office of Joshua Adam Kittenplan, P.C., we represent clients throughout western Suffolk who are looking to avoid protracted divorce litigation and simply get on with their lives.
How to Resolve an Uncontested Divorce in New York
New York allows for “no-fault” divorce. This means that one spouse does not have to accuse the other spouse of any wrongdoing, such as adultery or cruelty, in order to file for or obtain a divorce. But even a no-fault divorce has certain ground rules. Specifically, New York allows for no-fault divorce in three situations:
- The parties have lived separate and apart for at least one year under the terms of a court-ordered legal separation.
- The parties have lived separate and apart for at least one year under the terms of a written and signed separation agreement.
- One spouse certifies to the court, under oath, that the marriage has been “broken down irretrievably” for a period of at least six months.
When a divorce is “uncontested,” it means the parties have agreed to end the marriage, which includes disposing of any outstanding legal issues without the need for litigation. In many uncontested divorce cases, the parties will reach an agreement before even filing for divorce. This means they can present the court with a signed marital settlement agreement that can be incorporated into a final divorce judgment.
A settlement agreement needs to cover the following:
- How the spouses will divide any marital property or debts;
- If either spouse will pay spousal maintenance (i.e., alimony) to the other spouse, and if so, for how much and for how long;
- If there are minor children, any arrangements regarding custody, visitation, and child support.
Even when the parties seek an uncontested divorce, it can still take some time to fully resolve all of these issues. This is why many couples opt for mediation as part of the uncontested divorce process. In a mediation, the spouses meet with a neutral third party who helps facilitate negotiation and discussion. The mediator will not attempt to impose a settlement but rather help the parties reach an agreement on their own.
Contact Attorney Joshua Adam Kittenplan Today
Nobody plans for a marriage to fail. But a divorce does not need to be a legal nightmare either. If you and your spouse agree things should come to a civilized end and you would like advice from a qualified Commack uncontested divorce lawyer, contact the Law Office of Joshua Adam Kittenplan, P.C., today to schedule a free initial consultation.