An uncontested divorce is a good option for couples who wish to end their marriage quickly and without issues. Because an uncontested divorce requires that couples have no children, demand no alimony, come to terms on property distribution, and have no outstanding issues before filing the petition, many people believe that they do not need an attorney to handle the case. However, there are many problems that can arise during an uncontested divorce that you need an experienced attorney to resolve. To learn more about how a divorce lawyer can help with your uncontested divorce, talk to one in your area today.
The largest single issue that you and your spouse will have to settle before filing for an uncontested divorce in New York is the splitting of the marital estate. All separate property will return to the spouse who brought it into the marriage, but all marital assets and debts will need to be equitably distributed between spouses. An attorney can ensure that you are getting all of the marital assets you deserve and are not burdened with debt that should be paid by your spouse. In addition, a lawyer can review your finances to ensure that no assets are being hidden by your spouse in order to keep more of the marital estate for him or herself.
Breakdowns in the Process
Another reason why having a lawyer handle your uncontested divorce is that sometimes an uncontested divorce becomes a contested one. More often than couples realize, issues arise during the uncontested divorce process such as arguments over property or the need to ask for spousal support after the marriage ends. These issues automatically render an uncontested divorce impossible, and the process must start over as a contested divorce. By having an attorney with you from the beginning of the uncontested process, your lawyer will already know the details of your case and be in the best position to handle all contested issues that arise in your divorce.
Filing the Petition
If the uncontested divorce does get negotiated without issue, your lawyer can handle the drafting of all divorce documents, gathering the paperwork, and filing the petition with the court on your behalf. This takes the burden of the legal work off of your shoulders so that you can focus on your future after the marriage ends. Your lawyer can make court appearances on your behalf and inform you if you are needed in person for the last hearing to finalize your divorce. Without a lawyer, it will be your responsibility to file everything properly and manage every court hearing on your own. Mistakes made during this process can be costly and time consuming for an issue that you and your spouse want resolved as soon as possible.
Call or Contact a Lawyer Now
Having a divorce lawyer by your side during an uncontested divorce in New York is beneficial for many reasons. To learn more about why having a lawyer is important. Call or contact us to learn more about this article.