Many divorces take years to resolve and often boil down into heated disputes over relatively minor issues. However, not all divorces have to be this way. A dedicated family law attorney could help you avoid the drama by guiding you through an uncontested divorce.
An uncontested divorce does not mean a couple does not have any issues to work out prior to the dissolution of a marriage. Instead, divorces are uncontested when the final result involves a mutual agreement between the parties. A Manhattan uncontested divorce lawyer could help you reach common ground with your ex-spouse and reduce unnecessary stress in the process.
The differences between contested and uncontested divorces are clear. While an uncontested divorce involves two spouses that have reached an agreement on the major decisions in their case, a contested divorce has unresolved issues that are in dispute.
For a case to be uncontested, the two spouses do not have to agree on every minute detail. Typically, uncontested divorces see two spouses reach an agreement on the major points in a divorce, such as:
It is helpful to remember that a contested divorce could become uncontested. For example, a spouse could answer a divorce petition with the intention of litigating one or more key issues. However, ongoing negotiations during the course of a divorce case may resolve those issues before a trial becomes necessary. A skilled Manhattan attorney could help turn a contentious case into an uncontested divorce.
In general, a contested divorce follows the same process that any other divorce case would. There are some important differences that can significantly shorten the process, however. An experienced local attorney could advise someone on how uncontested divorces might differ from other divorce cases.
The first step of the process is for one spouse to file for divorce. This begins a document referred to as the petition. The petition initiates the divorce case and spells out the spouse’s grounds for divorce. There are typically multiple copies filed with the court.
Filing the petition initiates the divorce, but the case cannot proceed until the filing party formally notifies the other spouse of the divorce proceedings. Given that many uncontested divorces are resolved before the petition is ever filed, it is not uncommon for the non-filing spouse to waive service. This could move the case along much faster.
Every divorce case must have a final hearing, and uncontested divorces are no exception. While uncontested divorces are relatively quick, there is a minimum 60-day waiting period from the day the case is filed until the date the court may grant the divorce order. Once the judge signs off on the divorce at the final hearing, the dissolution of the marriage will become official.
With the right attorney, your divorce does not have to be a long, drawn-out ordeal. In fact, an uncontested divorce could be relatively quick and drama-free.
Let a Manhattan uncontested divorce lawyer help you resolve your marriage dissolution on your terms. Call for a confidential consultation right away.