If you and your spouse agree on all of the terms that will apply to the termination of your marriage, you can pursue an uncontested divorce. With an uncontested divorce, many couples wonder whether they need a lawyer. While you don’t technically need a lawyer, as it’s possible to file on your own, there are various benefits to having a qualified Garden City Divorce Lawyer on your side who can ensure you are making the best decisions for your situation.
What is an uncontested divorce?
In New York, when a couple decides to end their marriage, they can pursue two types of divorce: fault and no-fault. A fault-based divorce is based on one spouse’s misconduct. Essentially, one spouse blames the other spouse’s actions for the reasoning. In a no-fault divorce, the parties both establish that neither is “at fault” for ending the marriage. Instead, they can cite that irreconcilable differences were the reason for the irretrievable breakdown of the marriage, and there is no hope of reconciliation.
Pursuing a no-fault divorce is generally easier than following a fault-based divorce. This is because, in a fault-based divorce, the petitioner must prove that their partner committed some act of wrongdoing, such as adultery, desertion, or cruelty. On the other hand, in a no-fault divorce, the parties may be able to avoid litigation. This is especially true if the divorce is uncontested. An uncontested divorce is a type of divorce where both spouses agree on all the terms of the divorce, including custody, support payments, and the division of assets. In most cases, this type of divorce can be completed much shorter than contested divorces and is less expensive.
Should I hire a lawyer?
If you’re pursuing an uncontested divorce, even if your ex initially agrees to all the divorce terms, you can benefit from having a qualified lawyer go on the offensive if things go south. These issues can get complicated if custody, support, property division, or marital debt are on the table. Your lawyer will help protect your rights and interests when things get complex. Even if no issues arise, it’s vital to retain the legal services of a lawyer to draft all the necessary paperwork and manage documents.
If a divorce is imminent, regardless of how amicable, it’s imperative to have quality legal representation who understands your situation and can safeguard your rights. Please don’t hesitate to contact a determined Garden City divorce lawyer from the Law Offices of Eyal Talassazan, P.C., who can help protect your interests at every turn. Contact us today to schedule a consultation with our dedicated legal team.
