Top Rated Family Law ATtorneys
Top Rated Family Law ATtorneys

New York Uncontested Divorce Lawyer

Juan Luciano is an experienced divorce lawyer in New York.

When a couple can come together to resolve their issues amicably, an uncontested divorce can be the simplest, most cost-effective, and expeditious type of divorce in New York. In New York, we are considered a “no-fault” state meaning that divorcing couples do not need grounds for ending their marriage and only need to agree that the marriage is irretrievably broken. 

If you can find common ground and cooperation in your divorce, an uncontested divorce may be a good option. The legal team at Juan Luciano Divorce Lawyer are experienced uncontested divorce lawyers in New York who have dedicated their careers to family law and guiding their clients through the complicated range of issues that surround the divorce process. While still ensuring the legal rights of their clients, they strive to reach mutually beneficial goals and minimize conflict so the divorcing individuals can go forward respectfully.  If you are considering an uncontested divorce, please reach out to top rated New York divorce lawyer Juan Luciano today (212) 537-5859.

An uncontested divorce in New York is when both spouses are able to reach agreements about the many different issues that need to be resolved before their divorce can be finalized. These will include:

  • How custody, visitation, and parenting responsibilities will be shared if there are children involved 
  • Who will pay child support and the amount and duration
  • Whether spousal support is warranted and the amount and duration
  • How marital property and assets will be divided
  • How debt will be divided

Furthermore, a couple must fulfill specific residency requirements in the state of New York in order to divorce. These are:

  • One of the spouses must have been a resident of New York for at least two continuous years immediately prior to filing for the divorce, or
  • One of the spouses must have been a resident of New York for at least one continuous year immediately prior to filing for the divorce if the couple was married in the state of New York, resided in the state of New York as a married couple, or there were grounds for divorce that happened in the state of New York.

When a divorcing couple has fulfilled these requirements and is able to come to these agreements via mediation or negotiation, they will not have to rely on the court system to intervene and impose responsibilities and restrictions that both may dislike. The more a couple can come to understandings between themselves, the greater the likelihood that they can reach some level of compromise that both parties can work with. 

Once the spouses have reached agreements, a settlement agreement is drafted to incorporate all the issues that the couple has agreed upon. This will go to a judge who will review the agreement and usually approve it unless it seems particularly unfair to one of the parties or appears that one spouse agreed to its terms while under duress. For a consultation with top rated divorce lawyer in New York City, call now: (212) 537-5859.

What is Considered an Uncontested Divorce?

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Are There Advantages to an Uncontested Divorce in New York?

When couples can agree upon issues amicably, an uncontested divorce can be much less time-consuming, less expensive, less emotionally fraught, and more private. The less involvement by attorneys and the court, the more a couple can truly work out their issues and differences to their own advantage. Many couples choose to use a divorce mediator to help them come to agreements where there are some sticking points. If a couple can keep conflicts to a minimum, it allows them to go forward cooperatively and recover from the emotional turmoil faster. 

Although in some cases a couple may not need the assistance of a lawyer in an uncontested divorce, having legal input and guidance can help in the negotiation process, in drafting and ensuring the accuracy of the required paperwork, and ensuring their timely filing.

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While uncontested divorces are not litigious in nature, they may require some negotiation or mediation and don’t always go smoothly. Those divorces with self-supporting spouses with few assets to divide or no children to consider are always easiest. But with enough transparent and fair negotiation, couples can often come to agreements between themselves without having the court imposing responsibilities and restrictions that may make both parties unhappy.   On the other hand, if circumstances change, a contested divorce may become necessary.

Do All Uncontested Divorces Go Smoothly?

The Attorney’s Role in an Uncontested Divorce

While some situations can be handled without the assistance of a divorce lawyer, couples who are embarking on an uncontested divorce may benefit greatly from an attorney who can review the agreement, make suggestions, and ensure the accuracy and comprehensiveness of the settlement agreement. At the law offices of Juan Luciano Divorce Lawyer, we always strive to ensure that our clients’ legal needs are served while mitigating any further contention. 

Although we believe that divorces that can take place amicably are the most advantageous ones, the client’s legal rights are always our primary responsibility. Especially when a marriage has extensive assets to divide or minor children to care for, having the skill and understanding of a legal advocate will ensure that a spouse has a full understanding of the consequences and has not agreed to things you may regret. To speak with an experienced contested and uncontested divorce lawyer Juan Luciano, call now: (212) 537-5859.

Using Caution When Navigating an Uncontested Divorce

A divorcing couple with more complicated situations should be particularly cautious when navigating an uncontested divorce so they are not giving up important legal rights. In this case, an uncontested divorce attorney may act as a consultant to review the settlement agreement, offer potential consequences and suggestions, and ensure that everything is correct and concise. 

Although divorce is not easy, any uncontested divorce is often the best way for a couple to go forward into the future to their mutual benefit, if possible. A divorce should be fair and equitable for both parties, however, and the decisions that are made prior to filing for divorce are essential to this. Having the guidance of a legal professional can assure that no stones have been left unturned or consequences not considered.

Get the Assistance of a Skilled New York Uncontested Divorce Lawyer

At the law offices of Juan Luciano Divorce Lawyer, our skilled team of New York uncontested lawyers ensure that every client’s legal rights are attended to and understood to ensure their best interests, whether the divorce is a contested one or an uncontested one. We believe in cooperative negotiation when possible and aggressive litigation when necessary. Contact us to schedule an appointment to discuss your situation.


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