An uncontested (simple) divorce is when both parties involved in the marriage are able to resolve issues without court intervention. Although the parties may be experiencing an amicable divorce, it is still advisable to seek help from an attorney during this time. We provide experienced and practical legal representation to clients who are experiencing an uncontested divorce. We strive to help clients reach time-efficient resolutions—in many cases an uncontested divorce can be finalized within three months of filing.
Have you and your divorcing spouse been able to reach agreements on issues such as division of property, child custody and child support? Call the Law Firm of Ali & Bains today to arrange a consultation. As experienced attorneys, we can help you find resolution to your uncontested divorce.
Is your divorce uncontested or contested?
A divorce occurs when the parties disagree on one, several or all of the issues. An uncontested divorce occurs when the parties reach non contested agreement on the issues. New York is not a no-fault state; grounds for divorce must be established. In order to complete a divorce, the divorce must be based on one of the following reasons:
- Abandonment for more than one year
- Cruel and inhumane treatment
- Imprisonment for three years after the marriage
- Written separation agreement, after living separate and apart for one year
In addition to agreeing on grounds for divorce, both parties must agree on the terms for the following:
- Division of property
- Spousal maintenance (alimony)
The dissolution of a marriage involves disassembling a life that likely took years to build. During the course of a marriage, property and debt was acquired, children were born and a standard of living was established. A contested divorce occurs when the divorcing parties cannot agree on the final settlement of these issues. As experienced attorneys, we can help you reach favorable outcomes in your contested divorce. Are you and your soon to be ex-spouse unable to reach agreements on issues such as grounds for divorce, division of property, child custody and child support? Call the Law Firm of Ali & Bains today to arrange a consultation. We can provide a practical approach to your contested divorce matters. Is your divorce uncontested or contested? In an uncontested divorce, both parties come to amicable agreements without court intervention. In a contested divorce, the parties are unable to come to agreements about decisions that include the following:
- Grounds for divorce — New York does not have no-fault divorce. Therefore, grounds for divorce must be established. These grounds include abandonment for more than one year, adultery, cruel and inhumane treatment or a written separation agreement, after the parties have lived separate and apart for one year.
- Division of property — Any property, assets and debt that were acquired during the marriage are considered to be marital property. Marital property is distributed equitably under the law. We represent clients who have accumulated significant assets and property including pensions, investments, second homes and real property.
- Child Custody — The best interests of the child or children will be the most important factor in determining child custody and visitation arrangements. We can explain the many different custody arrangements and help create a plan that works for you and your kids.
- Child Support — Child support is based upon statutory guidelines. We have experience in high-asset cases, cases involving college and private school tuition and other complex support matters.
- Spousal maintenance (alimony) — Spousal maintenance can be ordered to be paid in one lump sum or over time. Maintenance can be permanent, rehabilitative or restitutional.
Of course, it is very natural for parties to disagree about these very important issues. As your attorney and advocate, we can provide you with valuable representation. We can ensure your goals are met, your children’s best interests are protected and your future is in good shape. Please call us today to arrange your consultation.