Uncontested Divorce Issues
Are you dealing with uncontested divorce issues? This can be very stressful without the experience and guidance of a Saratoga divorce attorney. Here is what you need to know.
Uncontested Divorce Issues | Needing an Agreement for an Uncontested Divorce without Assets
Clients often ask me as a dedicated New York Divorce Lawyer, if they can obtain an uncontested divorce if they do not have marital assets. To finalize a judgment of divorce, the court bases its decision upon an agreement in which the parties have addressed certain specific issues, including division of assets and liabilities, custody, child support, and spousal maintenance. Clients sometimes ask, “If we don’t have children, assets, liabilities or anything else together, do we still need an agreement?” Because the court needs to be assured of those facts, the answer is yes. Without such an agreement, the court can render a judgment of divorce only if a hearing is held to address all of those issues – or the parties have gone to court and actually stated on the record in front of the judge that they have no assets or liabilities and have resolved all of their other issues. The court can then render its decision.
Uncontested Divorce Issues | Needing an Agreement in Writing for an Uncontested Divorce
Clients will often come to me as a New York Divorce Lawyer, and wonder if they need an agreement in writing to get an uncontested divorce. You and your spouse must have reached agreement on all the issues that need to be resolved to obtain an uncontested divorce, and that agreement must be reduced to writing. Further, to comply with New York law, your written agreement must follow a specific format. Unless you want to go to court, your agreement must be in writing as opposed to merely verbal. If your objective is to obtain an uncontested divorce based on papers alone and without a need to go to court, you will need a written agreement.
If you need legal guidance while dealing with uncontested divorce issues, please call our Saratoga divorce attorney Jean Mahserjian today.