It’s very clear that you and your spouse are getting divorced — but you dread the idea of a protracted battle that will play out in a courtroom full of virtual strangers.
Fortunately, you do have options. An uncontested divorce is possible in New York if you and your spouse can agree on all of the important issues, including those involving the division of your assets, spousal maintenance, child custody and child support (when applicable).
If you’re already at odds with your spouse, the idea of working with them to obtain an uncontested divorce can seem positively crazy — but consider these advantages before you dismiss the idea entirely:
You end up with fewer hard feelings
An uncontested divorce is achieved through negotiation, including things like mediation or arbitration. The process of negotiating with your spouse on all the important issues can help you redirect your current relationship and craft a new one that’s inherently less hostile.
You lower your costs
Divorce is expensive, and litigated divorces are more so. Even couples who don’t agree on much often agree that they want to get through their divorce with as little financial loss as possible. An uncontested divorce involves far fewer filings, court appearances and work — which means there’s more for the couple to split in the end.
You maintain your privacy
In a litigated divorce, your finances are usually laid bare. So are your marital problems. If you hold an esteemed position in your community of just value confidentiality, an uncontested divorce can help you preserve your privacy and reputation.
Don’t let your current frustrations with your spouse make you believe that an uncontested divorce isn’t possible. Talk with an experienced family law attorney about all your options before you decide how to proceed.
