Understanding Divorce in New York

The Reality of Divorce

The ideal situation is you remain married and live happily ever after, but that is simply not the case for many couples in New York. You got married, you lived together for a while, perhaps you started a family, and you ultimately realized one or both of you was no longer invested in this marriage. This is when you decide you want to divorce. You fell out of love, your financial stress is too much for you to bear, or you’ve moved on to someone else. Whatever the case, an uncontested divorce is the kind of divorce you really want in New York.

What is an uncontested divorce?

An uncontested divorce is one in which neither you or your spouse fight over things such as your debts, assets, or even your kids. You work together to come up with an agreement that works for both of you so that you can get the divorce over with as quickly as possible, and you might even do this while maintaining a friendly or at least civil type of relationship with one another. An uncontested divorce in New York is one in which you both agree on the following terms without arguing, fighting, or wanting to change terms.

• Child support
• Child custody
• Alimony
• Division of assets and debts

Perhaps you think that there is no reason to hire an attorney when you both agree to all of this without incident, but you should still hire an attorney for the simple reason you want to be sure the paperwork is fair, the terms are outlined fairly, and things are as they seem. There is nothing worse than thinking you both agree on what is happening in the divorce only to find out later your spouse had his or her attorney word the decree in a manner that doesn’t quite mean what you thought it meant. This is not to say your spouse will or would do something of this nature, but it’s happened before and it’s always better to have someone with legal expertise go over the terms outlined.

Why do people divorce in New York?

There are many reasons people decide not to remain married in New York, and your divorce must fall under the terms and conditions made legal by New York law. This means you must be able to cite one of the following reasons for your divorce.

• Adultery occurred
• One of you abandoned the other more than a year before
• One of you has been in jail or prison more than three consecutive years
• You’ve been separated for more than one year
• One of you treated the other with cruel or inhuman treatment
• Fraud was the basis for your marriage
• Irreconcilable differences

Most people cite the last reason as the reason for their divorce simply to keep the divorce a no-fault divorce. No-fault means neither of you is placing any blame on the other for causing the divorce, and it’s the most common way to keep the divorce as civil as possible.

Do I need an attorney?

If your divorce is uncontested, you certainly don’t need an attorney. However, it’s a good idea to hire one regardless. You want to know the paperwork you are signing is legally good to you. You want to know if you’re being allowed what you are legally entitled to, and you want to have someone with legal experience represent you. It’s wise for both of you to hire a divorce attorney even if you plan on an uncontested divorce in New York.