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What is New York Uncontested
Divorce New York uncontested divorce is a divorce that is reached
by a settlement agreement between the parties. The terms of the
divorce are agreed upon by the parties rather than imposed upon
them by
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The uncontested divorce
process in New York tends to be faster and cheaper than the contested
cases. By agreeing upon the terms of the divorce, the parties are
able to maintain control of their own futures and are not forced
to live with an arrangement imposed upon them by a Judge. Parents
who are able to negotiate an uncontested divorce also tend to be
better able to maintain a civil relationship after the divorce because
they have not been forced to engage in the "mud-slinging"
that is all too often inherent in contested cases. This reduced
hostility makes it easier for the parents to raise their children
together after the divorce. New York uncontested divorce is almost
always the cheapest way to obtain a divorce. New York uncontested
divorce also guarantees parties a greater degree of confidentiality.
In contested cases, the details of the parties' finances and lives
must be shared with their attorneys and aired before the Court.
In uncontested cases, although the divorce papers are public records,
the disclosures and negotiations shared between the parties during
their preparation of the agreement are confidential between the
parties.
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The process of New York
uncontested divorce works well for parties who are relatively amicable.
If you are unable to work with your spouse or reach agreements with
him or her, uncontested divorce is likely not for you. New York
Uncontested divorce is not advisable if there is any domestic violence
in the marital relationship |
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The first step in obtaining
a New York uncontested divorce is the negotiation and preparation
of an agreement. Parties can reach an agreement by direct negotiations
or negotiations that are facilitated with the assistance of attorneys
or a mediator |
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The first step in obtaining
a New York uncontested divorce is the negotiation and preparation
of an agreement. Parties can reach an agreement by direct negotiations
or negotiations that are facilitated with the assistance of attorneys
or a mediator |
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New York allows a divorce
without fault only when the parties live separate and apart for
one year after signing the Agreement and before commencing the Action
for Divorce. If you want your Divorce to be without fault, you will
have to wait one year before all of your paperwork is finalized.
If you would like to obtain a divorce right away, you and your spouse
will have to agree upon the fault grounds for divorce. After an
agreement is reached about which party will be obtaining the divorce,
and on what grounds, the divorce action can be commenced on the
agreed upon grounds. The spouse who has agreed to be "at fault"
does not have to admit any of the allegations listed in the papers.
Rather, that spouse simply agrees not to submit an Answer to those
allegations.
Following the commencement of the action, the Agreement
is filed with other uncontested divorce papers with the Court. The
Judge will sign the divorce without requiring the parties to appear
before the Court for trial. The terms of the parties Agreement will
be incorporated in the Judgment of Divorce and will thus become
an Order of the Court |
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I believe that an attorney
should only ethically represent one party. If parties elect to use
the assistance of legal counsel to negotiate an agreement, optimally
both should be represented by their own attorney. If only one attorney
is used and that attorney was hired by one of the parties, both
parties must be aware that the attorney is only, and can only, represent
one of the parties |
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