An uncontested divorce is when a divorcing couple is able to come to an agreement about the terms of their separation, eliminating the need for court involvement. This is highly preferable over a contested divorce, as it can shorten the process and, generally speaking, keep tension to a minimum between divorcing spouses. In addition, reaching an agreement out of court can help keep legal fees low.
While this method of divorce is desirable, it requires a considerable amount of cooperation between spouses to be accomplished. This can be difficult, as relations between couples can prove to be highly strained during a divorce. Along with the help of an experienced legal professional, the willingness to compromise and amicably resolve issues is crucial in order to avoid a heated battle in court.
Requirements for Uncontested Divorce
There are a few state requirements that must be fulfilled in order to qualify for an uncontested divorce. First, grounds for divorce must be established. This can be either in relation to marital misconduct such as infidelity or on a no-fault basis, simply meaning that you and your spouse have irreconcilable differences and no longer wish to be married.
You and your spouse must:
- Both be over 18 years of age
- Claim the marriage has been over for at least 6 months
- Declare that your relationship can’t be saved
- Solve all marital property issues, including debt and child custody
In order to solve marital property issues, mediation can be sought from the help of a neutral third party attorney. If you are in the beginning stages of a divorce, an experienced divorce lawyer from the Law Offices of Dennis R. Vetrano, Jr., LLC can provide you with knowledgeable mediation services and guide you through the process of carrying out your divorce. Our firm proudly offers premier family law advocacy to clients in both Dutchess County and Beacon, New York.