When is uncontested divorce an option?

Posted by Lauren S. CohenFeb 28, 20200 Comments

Often the picture of divorce is the same. Whether you see it in friends or on TV, you see couples fighting over everything with long disputes about who will get what.

Fortunately, divorce does not always mean loud fights and arguments about dishes and alimony. Over the years, you and your spouse have spent a lot of time working out life's problems together, and divorce can be another application of the same problem-solving skills.

An uncontested divorce may be an option if you and your spouse are willing to work together to decide the terms of your divorce. These are some of the times when an uncontested divorce is an option.

Agreement on the key issues is a must

An uncontested divorce is often an inexpensive way to obtain a divorce for couples who do not need the added support of the judicial system. The key to an uncontested divorce is agreement. While you do not have to agree on everything, there are important issues you and your spouse must decide before filing, including:

  • The decision to divorce and the reason behind it
  • Asset division and alimony payments
  • Child support and custody issues

When you are talking about these key issues, it is important to consider your priorities in the divorce. Think about what is most important and where you are willing to compromise.

Is there a separation requirement?

A legal separation is an option for couples who want to live separately but are not ready to file for a divorce. While some couples view this as a first step towards divorce, it is not a requirement in New York.

When you and your spouse can agree on the main areas of your divorce, it can make the process simpler and cost-effective.