Do I Need an Attorney for an Uncontested Divorce? | What to Know.

Two individuals, seated at a table reviewing and signing documents with their Jewish divorce lawyers.

An uncontested divorce is a specific type of divorce that is placed on an expedited legal track in the state of New York. This is typically the favorable option if you are fortunate enough to agree to each of the divorce terms with your former spouse. However, even though this may be considered less complicated than a contested divorce, various issues still may arise. So, it may help to retain the services of a seasoned Nassau County uncontested divorce lawyer at Barrows Levy PLLC before you drive yourself to a contested divorce. Read on to learn how else an attorney can be useful throughout your uncontested divorce process.

How can an attorney help me throughout the uncontested divorce process?

With an uncontested divorce, you and your former spouse may resolve your separation through an alternate dispute resolution method, such as mediation or arbitration. Here, you will decide on all of the terms of your property settlement agreement, which includes child custody, child support, property division, and alimony. This agreement will then be submitted to the courts as an uncontested divorce.

While it is certainly possible to immediately agree on all of the terms that your former spouse outlined in the proposed property settlement agreement, we still recommend that you consult with an attorney first. This is because once you agree to not contest with their request for a divorce, whatever terms they have proposed will likely be final, and it can be extremely difficult to modify any of your divorce agreements after the fact.

So, before choosing to not contest a divorce complaint, it is essential that you reach out to one of the knowledgeable divorce attorneys in Nassau County as soon as possible. We will advise you throughout the process.

How can an attorney help with citing grounds in the uncontested divorce?

In the state of New York, you will either have to cite fault grounds or no-fault grounds for your uncontested divorce. Common fault grounds include adultery, extreme cruelty, abandonment, and confinement in a prison or mental hospital for three or more consecutive years, among others. However, no-fault grounds are commonly cited and commonly preferred for an uncontested divorce. To do this, you and your former spouse will have to cite an irretrievable breakdown for a period of six months or more prior to the filing for divorce. Nonetheless, every situation is different, so it is best that you seek the advice of an attorney before making any official statements.


If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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