Uncontested Divorce
It has become apparent to me that the term “UNCONTESTED DIVORCE” has a lot of people confused. An uncontested divorce is actually quite simple. In short, an uncontested divorce simply means that the two parties will have no dispute as to maintenance, child support, child custody or visitation, or equitable distribution. If you fit these criteria, then your marriage may be ended via an uncontested divorce. If there is a dispute to one or more of these issues that cannot be resolved by the parties, then the divorce will be transferred to the contested divorce calendar. Although the uncontested divorce process is less litigious, it is still wise to consult with and retain an attorney to ensure that the proper paperwork is completed and filed. Errors in the divorce papers themselves, or filing errors will result in extreme delays of the judgment. The uncontested divorce process on average will take anywhere between three to six months to complete. Errors can double or triple that time frame. Severe errors could lead to a dismissed case or a case being sent to the contested divorce calendar. Cooperation of the parties can significantly shorten the wait time for the divorce to be complete.
Long Island Divorce Attorney
If you have any questions on how to process an uncontested divorce as quickly as possible, please feel free to contact one of our attorneys at (516) 858-2620!
Recently our office has received some questions regarding negotiations for either settlement agreements or matrimonial distributions. There seems to be some misconception regarding the rights of custodial parents to receive child support. Child support in New York is governed by the Child Support Standards Act (CSSA). This act sets the amount of child support to be paid based upon the income of both parents and the number of children involved. The custodial parent is entitled to receive the amount determined by the CSSA. There are very few instances when the child support number should be lowered as a negotiating tactic for property distribution. There are several factors to be considered when dividing marital property. Maintenance on the other hand is a much better tool to negotiate with. There is no absolute obligation of maintenance, therefore the risk is less. Coming to an agreement for a number that is less than what both parties expected will yield better results in negotiations. Don’t allow the non-custodial parent to “bully” you into taking less for child support when the number is set by statute. Instead, negotiate maintenance amounts, marital property, separate property or other variables. Keep the child support that you are entitled to because it is surely in the best interest of your children to do so. And realistically speaking, you never know what tomorrow will bring. You may need that money sometime in the future to care for your children. If you have any questions, please feel free to contact our office at (516) 858-2620!
The new “No-Fault” divorce law in New York (NY DRL §170(7)) has drawn quite a reaction. Some positive; as would be expected. Some negative; which goes without saying. For years, there has been controversy over whether New York should follow most states down the path of “Irreconcilable Differences,” as a grounds for divorce. Should New York value marriage more than other states? Should New Yorkers be forced to have a good reason to end their marriages? The flip side of the coin has focused on the reality of the situation. Those in favor of irreconcilable differences have kept the view that New Yorkers will get divorced anyway; even if they have to lie about the reason. Should New Yorkers have to lie about why they are ending their marriages? Well now they won’t have to. At least, according to some. On October 15, 2010, New York became the last state to enact a “No-Fault” divorce statute. In a recent article on August 16, 2010 on Bloomberg.com by Carlyn Kolker and Patricia Hurtado entitled “Divorce Easier as New York Ends Need to Lie,” New York’s divorce record and data are presented. You can see that article at http://www.bloomberg.com/news/2010-08-16/breaking-up-not-so-hard-to-do-as-new-york-s-divorce-law-ends-need-to-lie.html.
The fact of the matter is that New York has come a long way in making divorce easier with the implementation of this new law. It is not as easy as some may think though. “No-Fault” simply ends the battle over blame. It ends the need to lie over whose fault the divorce is in the first place. It doesn’t resolve the issues of child custody and visitation, maintenance, child support, and equitable distribution. All of these issue still need to be resolved or the removal of the blame is all for naught. To be honest, the grounds issue is not litigated as often as the other issues anyway. So in most cases, this “No-Fault” statute, will not be helpful.
If you are considering getting divorced and all of the publicity about this new law has you confused; Feel free to call us at (516) 858-2620 !
No Fault Divorce
No fault divorce in New York ?
With a bill pending that would allow New Yorkers to obtain a divorce under “No Fault” grounds, our office has been receiving some questions. I hope that this can clear some of those questions up for people. The bill would allow parties to terminate their marriage without meeting the requirements of the six traditional grounds for divorce in the New York Domestic Relations Law section 170. “No Fault” divorce therefore, in essence eliminates the issue of grounds from litigation. It is unquestionable that this does make it easier to obtain a divorce in New York. It is however, not as easy as it sounds. All other issues must be worked out or determined before a successful “No Fault” divorce can be granted. Therefore, maintenance issues (which also have a pending change forthcoming), child custody, visitation, child support, equitable distribution of property, etc., must all be resolved through traditional means.
Since grounds for which a divorce may be obtained are litigated on a lesser level than other matrimonial issues in the first place, this new development does not make things as easy as it sounds. When it does take effect however, New Yorkers will no longer be considered a “difficult” state to end a marriage due to the lack of “Irreconcilable Differences” as a ground.
If you have any further questions about this new development in New York Law, please feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!
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