Brooklyn, NY – A divorce can be resolved more quickly and effectively with a settlement agreement. This tends to avoid much of the time and money associated with formal litigation and court hearings. However, a couple must also meet certain requirements and agree on certain issues before they are eligible to make a legally binding settlement. It is important for any couple considering this process to have each spouse retain their own attorney and explore their options.
The reason for the divorce
New York law maintains traditional fault based grounds for a divorce such as adultery and abandonment. However, no fault divorces also became legal at a later time. For the couple to be eligible to make a divorce settlement and have an uncontested divorce, they must choose the legal grounds for their separation and both agree. In most cases, it will be easiest to choose a no fault divorce and say that the marriage has broken down for any reason.
Classifying and dividing property between the two parties to the prior marriage is often the most time consuming aspect of divorce litigation. It is common for long marriages with lots of shared assets to take years to get through this phase. If the members of the couple can agree regarding who gets what pieces of property and how financial matters will be settled, they can have an uncontested divorce.
Child custody and support
If the couple has any children, they will need to make some kind of shared parenting plan or schedule, visitation agreements if necessary, and agree upon whether support is necessary and the total amount. This eliminates the need for a custody hearing or for the courts to get involved in the process of determining what support amount is appropriate. The schedule should include where the child will stay during each week, along with contingencies for travel or other arrangements that would not happen during a standard week.
In some cases, a spouse cannot be found or does not respond to the divorce paperwork at all. In this situation, the spouse filing will get a default judgment that works like an uncontested divorce. However, the filing spouse will essentially get whatever they want in the divorce settlement because the other party is not around to respond or contest anything in the documents. As a practical matter, anyone served with a divorce should always respond and not allow a default judgment to be entered against them.
Learning more from a local family law practice
Elliot Green Law Offices is a firm that deals with family law problems in the Brooklyn area. Their attorneys can provide guidance during a consultation to discuss divorces, child custody issues, alimony, and other related matters.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201