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JUAN LUCIANO DIVORCE LAWYER

Experienced New York City Uncontested Divorce Lawyer

New York City Uncontested Divorce Lawyer - Juan Luciano - NYC Divorce Attorney - NY Uncontested Divorce

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 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 NY divorce attorneys at the Law Office of Juan Luciano Divorce Lawyer today (212) 537-5859.

What Is Considered An Uncontested Divorce?

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 couple wants to have a divorce that is uncontested, they have to fulfill these requirements and be 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 understanding 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 a top-rated New York uncontested divorce lawyer, call now: (212) 537-5859.

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How Long Does an Uncontested Divorce Take in NYC?

An uncontested divorce will take less time than a contested divorce. However, even an uncontested divorce can take some time depending on the court, judge, and the state where the couple resides.

There is no exact timeline for an uncontested divorce in New York but on average, this type of divorce can take about 3 months. The process may take longer if the couple finds that there are some parts of the agreement that needs to be discussed further. Late filing of the paperwork and mistakes made in the paperwork can also end up prolonging the process. 

Even in an uncontested divorce, it is important to seek the legal advice of a NY divorce attorney. A skilled family law attorney may be able to help spouses understand their rights and help them ensure that divorce papers are free from mistakes. To receive legal advice from an experienced attorney for an uncontested divorce, call us today. 

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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 an attorney 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 in ensuring their timely filing.

Attorney Juan Luciano may be able to help spouses create an agreement that will protect the welfare of everyone in the family, especially when there are children involved. A lot of issues regarding child custody, child support, spousal support, and asset division can quickly turn an uncontested divorce into a contested one. Seeking the legal help of an experienced attorney during divorce proceedings can greatly increase the chance of receiving a more favorable outcome in the case. Call us at (212) 537-5859 to schedule a consultation with the experienced attorney Juan Luciano in NY.

The best way to save money on an uncontested divorce proceeding is to hire a New York City uncontested divorce lawyer. Because an uncontested divorce is a simpler and faster process, you can cut significant costs on the lawyer’s hourly fees. Having an experienced divorce attorney can help you navigate the process and help you steer the negotiations to a more favorable outcome.

In an uncontested divorce, you will be able to save money and also avoid the long, emotional pain of lengthy court battles and multiple appearances in the courts. Court fees can make the divorce more expensive. According to the New York court website, filing fees for an uncontested divorce (including the fee to request a judge and get an index number) will be at least $335 as of July 2022 and the official costs for a day in court is $120. Someone who may not be able to afford the fees has the option to file an “Affidavit to Support of Application for Proceed as a Poor Individual”. 

Other common uncontested divorce costs may include:

  • Mediation: If a couple needs help to reach an agreement, mediation costs can cost between $3,000 to $8,000 or more. The cost of mediation will be split by the couple, unless there is an income disparity. 
  • Expert fees: If a couple needs to split retirement accounts such as a 401(k) or pension, an expert may be needed to prepare a special court order known as a “qualified domestic relations order” (QDRO). This usually costs around a few hundred dollars. 

Attorney Juan Luciano and his team of attorneys for an uncontested divorce are experienced in helping to divorce couples ensure that they have a legally enforceable agreement. An attorney may be able to help a client create child support, spousal support, or child custody agreements for their uncontested divorce. Call us today to speak with an experienced attorney for divorce. 

One of the most significant fees in a divorce case is the attorney fee. Often, it is recommended to do a general consultation with a divorce lawyer in order to understand the process and what the next step should be. Some New York lawyers charge around $305 to $380 per hour.

However, the hourly rate of a New York City divorce lawyer is not all that one should consider when planning for their specific divorce expenses. Retainer fees are required by most family lawyers in the state. In some cases, clients pay their lawyer first. Any hourly charges that the lawyer will have spent on the case will be taken out of that retainer fee. If there will be some money left on the retainer, the client will receive that money back after the case is over. If the divorce expenses exceed the retainer, the client will have to pay the difference. The filing fee of $335 is added to the other expenses in the divorce.

You can seek legal assistance if you’re in an extremely difficult financial position and are unable to pay the divorce fees, as well as any lawyer’s and official charges, and you have no other options. In New York, the legislature can order your spouse to pay your lawyer’s fees in order that you are both represented properly in the court.

New York City Bar also offers pro bono legal help. You can contact the Legal Hotline or participate in Monday Night Law counseling to get more information.

While it may not seem very important for an uncontested divorce, speaking with an experienced attorney can help you understand your rights and responsibilities. A skilled attorney can also give you and your spouse legal advice when it comes to child support, spousal support, child custody, and asset division. An attorney may also be able to help you and your spouse plan the future of your family better.

Attorney Juan Luciano is experienced in navigating New York divorce cases. His team of legal professionals at the Law Office of Juan Luciano is ready to provide you with the legal support you may need. Call us today at (212) 537-5859 to schedule a consultation.

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 impose 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 an attorney for divorce, 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 client’s 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 NYC uncontested divorce lawyer Juan Luciano, call now: (212) 537-5859.

Using Caution When Navigating A Divorce That is Uncontested

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 Divorce Lawyer

At the law offices of Juan Luciano Divorce Lawyer, our skilled team of New York uncontested lawyers ensures 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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