Oftentimes, when spouses divorce, they agree that the divorce is neither party’s fault. When this is the case, and spouses can come to a divorce agreement that they are both satisfied with on their own, they may file what is known as an uncontested divorce. This is also sometimes referred to as a no-fault divorce. That being said, no matter how amicable your divorce may be, the truth is, you need an experienced Suffolk County divorce attorney on your side who will continuously look out for your best interests through every step of the legal process ahead. Contact Peter V. Mandi & Associates, Inc. today for a legal team you can trust.
Grounds for a New York Divorce
When a couple gets divorced, they can cite either fault or no-fault grounds. When spouses get an uncontested divorce, they will cite no-fault grounds. That being said, to file a no-fault divorce in New York State, you will have to cite an irretrievable breakdown for a period of 6 months or more prior to the commencement of the action for divorce.
The Process of an Uncontested Divorce
When spouses agree regarding the terms of their divorce and do not wish to hold one another responsible for the end of their marriage, either party can cite no-fault grounds for the end of their marriage. During this time, both parties must agree on every aspect of their divorce. An uncontested divorce case can turn into a contested case quickly if both parties cannot reach agreements regarding even just one key marital issue. To successfully file an uncontested divorced, both spouses must agree on terms regarding the following:
- Division of assets
- Spousal maintenance
- Child custody and visitation
- Child support
Can You Mediate?
In situations where spouses can cooperate and work together, they may benefit from divorcing through mediation instead of litigation. Divorce mediation is often used during uncontested divorces as spouses work to reach conclusions regarding their marital issues. This process takes place with the assistance of an unbiased third-party mediator to guide spouses through negotiations. The mediator listens to both sides and aids spouses as they work towards reaching decisions on their own, without the assistance of a judge, and outside of the courtroom setting. Many spouses prefer this method of divorce, as the stakes are lower, and, in many cases, mediation saves them both time, money, and privacy. If you believe mediation is right for you, our Suffolk County divorce attorney can help.
Contact a New York Uncontested Divorce Attorney Today
At Peter V. Mandi & Associates, we care about the wishes of our clients in pursuing an amicable divorce. We work hard to provide our clients with the best possible outcomes to protect them and their families during this phase of their lives. To speak with a compassionate and skilled attorney regarding your case, contact Peter V. Mandi & Associates today. Our firm is always here to assist you.