An uncontested divorce occurs when you want to start a divorce against your spouse and your spouse does not contest the divorce in anyway. Complicating factors to any uncontested divorce occur when there are children under the age of 21 or when property needs to be divided or expressly excluded as per the terms of a divorce agreement. These factors however are very manageable in an uncontested divorce when all of the terms regarding child support and property division are agreed upon by both parties after full financial disclosure.
If you are unsure that there will be an agreement on issues of child support and/or property division then you might have to go to court and have the person in the black robe determine these issues. Furthermore, there are others issues you need to consider prior to applying for or agreeing to an uncontested divorce.
1. Do you need an order of protection to help keep you safe from your spouse after the divorce?
2. Do you need continued financial support (maintenance) from your spouse after the divorce?
3. Do you need health insurance?
4. If you and your spouse owned things together and/or owe money together, how should the property and debts be divided in the divorce?
5. Does your spouse have a pension or other financial retirement plan? Can you share in it if you divorce?
I can help you think through these and other important issues and take the legal steps to get you what you want. I strongly suggest that you give serious thought to contacting me prior to starting your divorce.
If you believe your divorce will be contested, there have been many cases already decided upon by various Courts in this State that may apply to your situation. For your convenience I have linked to the Unified Court System's Matrimonial Newsletter, which contains many cases of interest. Please remember however, this information is in no way a substitute for live legal advice. Please call me for a free phone consultation.
The Law Office of George M. Gilmer assists clients with Divorce, Family Law, Personal Bankruptcy, The New Bankruptcy Law, Immigration and Special Education Law matters in Brooklyn, Kings County, New York.