Is a Separation Agreement Required to File for an Uncontested Divorce?
We are often confronted with a question from our clients as to whether or not they need an agreement to obtain a prompt, Uncontested Divorce. There is some confusion on this issue because parties describe this as a separation agreement. They will then tell us that they do not want to be separated, but want an immediate Divorce. A judgment of Divorce must include the resolution of certain issues, including the basis for the Divorce, the division of assets, spousal maintenance, child custody, and child support. You can solve these issues with a trial and a written decision from a judge.
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You can go to court and place an oral stipulation on the open record, which is then transcribed for your Attorney. You can also enter into an opting out or separation agreement, which are often exactly the same because both agreement address the same issues. The only way to obtain an Uncontested Divorce without going to court is to enter into that written agreement.
This informational blog post was provided by Jean Mahserjian, an experienced New York Divorce Mediation Attorney.