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Is an uncontested divorce right for you?

Divorce is a complicated process for most couples, but some couples may benefit from having an uncontested divorce in New York. An uncontested divorce can make the divorce process easier and faster, and can be beneficial for couples without any children or property.

However, there are some considerations to think of before deciding to try to go through an uncontested divorce. Many couples have started the divorce process thinking an uncontested divorce was the right option and learned the hard way that many factors still play a role in divorce proceedings.

Couples thinking about an uncontested divorce should be aware of the following issues that may come up during the divorce negotiations:

  • Miscommunication about spousal support, child custody, property division and dividing debt can make it difficult for an uncontested divorce to work so it is best for spouses to discuss these issues beforehand and try to come to an agreement.
  • Both spouses should consider how spousal support will affect their life after the divorce and not settle for something that won't work. Don't give up your right to spousal support or agree to make monthly payments before fully understanding how it will impact your own finances after the divorce.
  • Be aware of what debt each spouse has and what is shared debt. This is important in determing who will be responsible for debt, especially if one spouse has racked up a lot of credit card debt before or during the marriage.
  • For couples who do have children, it is important to consider determining child support, custody and visitation arrangements in their custody agreement so both spouses know what is expected.

An uncontested divorce is not for everyone, but many couples may benefit from having an uncontested divorce. However, it is important to consult a divorce attorney to fully understand how an uncontested divorce works and if it is the right choice.

Source: FindLaw, "5 Potential Pitfalls of an Uncontested Divorce," Brett Snyder, Aug. 26, 2013

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