Ending a marriage is stressful and so is going to court. For many years, New York spouses were required to litigate their divorce, but that is no longer the case. No-fault divorce now allows New Yorkers to dissolve their marriage by declaring that their relationship is irretrievably broken. Now that you do not have to prove any type of marital misconduct to obtain a divorce, you can avoid costly court proceedings if you agree on terms relating to parenting and financial matters.

No matter what emotional conflicts exist, you should remember that divorce is a legal process that involves multiple issues, among them child custody, visitation, child support, maintenance and property division. If you can agree on these matters, you can file for an uncontested divorce in New York regardless of what personal differences might exist.

Initiating an uncontested divorce requires serving and filing a summons and verified complaint (or a summons with notice) like any other marriage dissolution case. With the filing, the plaintiff includes an affidavit stating that the divorce is uncontested and a copy of the marital settlement agreement executed by the parties. From there, the defendant spouse submits an affidavit stating their assent to the divorce, consistent with the language in the settlement agreement. Typically, the judge will accept the settlement terms and incorporate them into a final dissolution order. This might take a few months, but you will not have to go to court in order to complete your divorce.

You might see the advantages of an uncontested divorce but have been unable to work out terms on your own. Fortunately, there are ways to overcome the obstacles standing between you and a settlement.

When you work with an experienced divorce lawyer, you will learn about how you can avoid going to court while still protecting your interests on issues relating to custody, property division and support payments. If the circumstances are right, you can look forward to swift completion of your divorce rather than worrying about the time, expense and hassle associated with litigation.

Martin J. Rosen, P.C. in White Plains represents divorcing spouses in Westchester County and throughout the Hudson Valley area. Please call us at 914-761-6300 or contact us online to schedule a consultation at our office, located across the street from the Galleria mall.