Divorce is never a one-size-fits-all process. You might undergo a very different set of procedures depending on if your divorce is collaborative, contested or uncontested.
Starting in March of 2022, the New York courts allow filing through the Uncontested Joint Divorce Pilot Project in certain counties. As this program expands to other New York counties, you can make the most of it by understanding the benefits of an uncontested divorce and knowing how to file.
What is an uncontested joint divorce?
Filing a joint petition for divorce is a mutual decision that allows both spouses to file together. This typically implies that there is no fault and little to no conflict in the divorce. Dissolution can proceed smoothly with both parties finding a functional compromise on the major terms of the divorce, such as child custody and asset division.
How can you file for an uncontested divorce?
Filing for divorce through the New York joint divorce pilot project entails submitting the necessary forms with your spouse, rather than filing against your spouse as an instigator for the divorce. The New York courts provide an Uncontested Joint Divorce Information Booklet that details the entire process and required forms. You can then submit the completed forms to the County Clerk’s Office.
Filing for an uncontested divorce is often a preferable option for couples who are mutual in their decision to dissolve the marriage and are amicable on the terms of the divorce. The New York court system allows for easy progress through the joint divorce process by establishing a project that outlines the necessary steps along the way.
Who should not file for an uncontested divorce?
The term “uncontested” does not simply mean a peaceful or amicable divorce. Instead, it means that there are no significant disagreements regarding any aspects of the divorce. Therefore, an uncontested divorce might not be suitable for you if there are disagreements over matters like child custody, property division or spousal support.
This type of divorce requires mutual agreement on all terms, so if communication is difficult or if one party is unwilling to compromise, pursuing a contested divorce might be necessary.
Additionally, if there is a history of domestic violence or an imbalance of power in the relationship, it may be safer to seek legal protection and representation to ensure your rights and well-being are protected. Always consider your specific situation carefully and consult with a legal professional to determine the best course of action.
Common mistakes to avoid
During an uncontested joint divorce, be sure to avoid common pitfalls like these:
- Overlooking important details in your agreement: Failing to address certain assets or the division of debts can lead to complications later. You must also consider tax implications when dividing assets and debts.
- Failing to include provisions for future disputes: How will you resolve future disputes or the need to modify existing custody and support agreements? You may want to include a mediation or arbitration clause to avoid ending up in court.
- Missing deadlines or making paperwork errors: Administrative mistakes can delay the process or result in a dismissal of your case.
You are not legally required to work with an attorney when filing uncontested, but doing so is a wise idea. By working with an attorney, you can ensure that all paperwork is completed accurately and submitted on time, helping to avoid unnecessary stress and potential legal issues. An attorney can also provide valuable advice to ensure that both parties fully understand the terms of the agreement, promoting a smoother transition to your new circumstances.
