Uncontested Divorce Westchester

Uncontested Divorce
In an uncontested divorce, there is a mutual agreement to end the marriage. The parties work together to agree on major issues like child custody, visitation, child support, property distribution, financial issues, etc. Once they have agreed upon and signed a marital settlement agreement, it is presented to the court and the final divorce decree is entered.

What happens if an uncontested divorce becomes contested?
If an uncontested divorce becomes contested, you need to file your answer to the allegations of the counter suit in court and engage in discovery. In the discovery phase, both parties have the chance to learn and obtain the other side’s evidence before the trial begins. Since court decisions may take more time, temporary decisions are made on issues that cannot wait such as issues concerning child custody, child and spousal support, possession of the family car, possession of the marital home, etc. Depending on the state, you may be required to attend mandatory mediation sessions before the trial. If settlement is not reached before trial, a judge will make the final decision and grant a divorce.

How can I avoid the possibility of my divorce becoming contested?
There are several ways to avoid the possibility of a divorce becoming contested:

Arrive at a consensus regarding issues like spousal support, property division or child custody arrangements.
Involve your spouse in the divorce process as early as possible to ensure that he or she is not caught by surprise by your actions.
Try to work out the most contentious issues on your own without any court involvement.
Get help and advice from a family law attorney. This will ensure that your individual rights are considered and concerns are addressed preventing unexpected issues.

For any other questions about uncontested divorce in Westchester, contact Gregory Salant at gsalant@haroldsalant.com or call 914-683-2500.