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How can a couple in New York make an agreement for an uncontested divorce?

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Brooklyn, NY – One of the best ways for a couple living in New York to end their marriage while saving time and money is to agree to most of the crucial matters regarding their divorce. This is called an uncontested divorce, and it means that the couple will not have to spend much time in court or in various forms of mediation because they have already decided on most of the large issues related to their separation. Courts in New York will allow these couples to file their agreement and end their marriage with relative ease as long as they meet some other requirements. 

Who can get an uncontested divorce?

Many couples who have decided to separate, meet the state’s residency requirements, and can come to terms on certain issues related to property division, alimony, and support payments can create a contract and end their marriage quickly. The process becomes slightly more complicated if there are minor children involved, but couples with children are still eligible for an uncontested divorce. Both child custody plans and support payment issues can be listed in the document. 

The New York Courts official website contains more information about this process and the required paperwork. It is recommended that any couple fills out these documents with professional legal help. 

What is included in the agreement? 

The formal documentation package for an uncontested divorce contains notices, summons, and orders that are included along with the filing of the agreement. These all need to be brought to a county clerk when completed. 

The agreement itself needs to cover all of the important aspects of a divorce case. There needs to be separate sections that list out property issues, children and child support issues, custody agreements, and spousal support if applicable. Individual couples may have certain other issues that need to be written into the documents depending on their personal situation. 

Reasons for ending the marriage

Marriages that are terminated through the process of a separation agreement are generally considered no fault divorces. This means that the couple can divorce for any reason, and there only needs to be a sentiment that the marriage has broken down and has no prospect of being fixed. With a no fault divorce, there does not need to be any specific allegations of adultery, abandonment, imprisonment, mental incapacity, or the traditional fault based grounds that are available in New York. 

Divorce lawyers in Brooklyn

Elliot Green Law Offices assists people in Brooklyn and other nearby parts of New York with their divorces and family law issues. Any person who is going through these issues can contact the firm to get professional advice and representation throughout their case. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com

What are some of the reasons why a couple can file for divorce in Arizona?

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Yuma, AZ – There are a number of different problems that can emerge throughout the years that a couple is married. Disagreements are common, and sometimes these differences are serious enough that the couple decides to move on with their lives in separate directions. Once the couple has decided to get a divorce, they usually want to end the marriage as quickly and inexpensively as possible. This is one of the reasons why no fault divorces exist. The couple can simply choose to move on without any specific proof of misconduct. 

Saving time with no fault divorces

For the sake of efficiency, all states in the U.S., including Arizona, now offer a no fault divorce as a simpler way to end a marriage. This means that the couple only needs to meet the state’s residency requirements, file the formal documentation, and go through the court procedures with the assistance of their lawyer. Most no fault divorces can be ended with a span of a few months to a couple of years. If the couple was married for a long time and had large amounts of property, the divorce is likely to take longer. 

There may be rare exceptions where a couple cannot get a no fault divorce due to entering a covenant marriage, however covenant marriages are not very common and they have a different set of rules that the couple agreed to before their wedding. 

Fault versus no fault divorces

Within the no fault system, the most common reason for a couple to get divorced is that they simply do not get along anymore. The specific reasons may include financial problems, infidelity, or changes that happen over time, but these specifics are not material to the divorce lawsuit. The formal documentation for the divorce will say that the couple has differences that cannot be reconciled, and it is not necessary to go into further detail.. 

Under older systems of family law, a fault based divorce would generally require a showing of domestic violence, imprisonment, abandonment, or serious mental health problems, adultery. However, couples often got into the habit of faking these problems to bypass the requirements and get divorced regardless of their specific reasons. This meant that the fault based system was wasteful and too formal in most states. 

Related issues

Even though a no fault divorce can potentially end a marriage quickly, there are always some related issues that need to be decided. The more the couple is in agreement, the less time they need to spend in court hearings or mediation sessions. These issues can include property division, child custody, alimony payments, or child support payments.

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364

928-257-4887

soarizonalaw.com

What are the two types of divorces that happen in New York?

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Brooklyn, NY – The amount of agreement between two spouses is one of the most important factors in any divorce case. This can greatly affect the duration of the divorce case, including the time spent in court or negotiating. New York’s family law system divides divorces into contested and uncontested divorces to separate cases that need lots of litigation from those that do not. Legal help from a family law firm should be obtained as soon as possible for any type of divorce case. 

Divorces where couples are mostly in agreement

An uncontested divorce is the type of case where the two spouses involved can agree on most of the important issues regarding their separation. This level of agreement obviously makes the process to separate and formally end the marriage through the courts much quicker. The issues that are already decided may include whether alimony is necessary, child custody plans, child support payments, and property division. In most cases, the divorce will be considered a no fault divorce due to a general breakdown of the marriage, but it is possible to choose fault based grounds as well if applicable. 

These types of divorce filings do not require a full trial in the local court system. This method of bypassing litigation obviously saves time and money for all parties involved. The judge can formalize the separation once a few basic procedures have been followed and the relevant paperwork is completed. 

A lack of agreement between the spouses

A typical contested divorce can require multiple hearings and substantial time in court, in addition to being more costly. Property division tends to be a long and drawn out process, especially if the couple lived together for a long time and had large amounts of shared assets. This process is necessary if at least one crucial area such as child custody or alimony is in disagreement. After the defendant spouse is served with the divorce papers, a preliminary conference needs to happen for the judge assigned to the case to determine which issues are going to be contested before the litigation formally begins. 

Information and evidence is exchanged during the discovery process between both lawyers once the case actually starts. The last part of the contested divorce is a full trial in court. This can include presentation of evidence, argument from the lawyers for both sides, and testimony from witnesses. 

The assistance of a New York family attorney

Family law cases can be confusing, stressful, and emotionally draining. Elliot Green Law Offices is a firm in Brooklyn that is experienced in helping clients get through their family law issues efficiently to avoid additional problems. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com