Uncontested Divorce - What does it really mean?

By Christina Randazzo, Esq.

​Clients will often tell me that they and their spouse want an “uncontested divorce.”  There is a good reason for this – in theory, an uncontested divorce is easier, quicker, and cheaper than a divorce where the parties intend to fight over every issue.  However, what an uncontested divorce really means should be clarified so that you and your attorney are on the same page. 
 
A truly “uncontested divorce” in New York State is a divorce in which you and your spouse agree that you both want a divorce and also agree on every issue which must be made as part of that divorce.  You have already decided whether the marital home will be sold or whether one of you will buy the other out and for how much.  You have already decided the custodial schedule for the children, where they will spend holidays and how to divide vacation time, who will be making important decisions on their behalf and how that will work.  You have already decided how much child support will be paid and whether maintenance will be paid, how much, and for how long.  You have already decided how to divide any marital debt.  You have already decided how to divide retirement assets.  You have already decided about whether you will have an obligation to maintain life insurance, how to divide your personal property, who will claim the children on tax returns, and so on. 
 
In that context, as you may expect, a truly uncontested divorce is rare because usually divorcing couples do not agree so easily on these often difficult topics.  However, if you and your spouse are amicable and are able to sit down and hash these issues out, then your attorney needs only to review your plan to make sure it is fair to you and is within the bounds of the law, draft an agreement to memorialize your arrangement which will be signed by you and your spouse, and then submit the divorce paperwork to the court along with your agreement. It can be that painless if you really do agree on everything and your agreement is fair to both of you.  
 
Ideally, a divorcing couple is able to come to a fair agreement on their own to save time and attorney fees, but usually in my experience, when someone says he or she wants an “uncontested divorce,” the reality is that the couple agrees that they want a divorce but don't completely agree on all of the other details.  That’s okay and is normal when a couple is divorcing.  If this applies to your situation, I will go through all of the relevant issues with you and identify the areas where you and your spouse are in disagreement.  We will focus on negotiating and narrowing those areas of disagreement so that an agreement can ultimately be reached, with the goal still being to get you divorced as quickly and cost-efficiently as possible while avoiding the courtroom. 

To speak with me about your divorce, uncontested or otherwise, click here to contact me.