Uncontested Divorce in White Plains and Westchester
If you and your spouse are considering an uncontested divorce, it helps to understand what you have agreed on and what still needs attention. Gregory Salant of Harold, Salant, Strassfield & Rotbard, LLP in White Plains handles uncontested divorce matters. Discuss your circumstances, any existing agreement and the questions you want answered before deciding on next steps.
What should I bring to an uncontested divorce consultation?
Bring any written agreement, court papers and a list of matters you and your spouse have discussed, including property, debts, support and parenting arrangements where relevant. Note anything that remains unresolved. Gregory can review your circumstances and discuss whether an uncontested approach fits your situation. Do not send confidential documents through an unreviewed enquiry form.
Contested Divorce
In a contested divorce common disagreements include children’s custody, property division and alimony. When both parties cannot come to an agreement in order to conclusively terminate their marriage, the divorce becomes contested. Both parties must file court documents that relay their positions on the disputed issues. They rely on a judge to make the decision for them. If settlement cannot be reached prior to the trial, the judge will make a final order on the issues in dispute and grant a divorce.
Uncontested Divorce
Uncontested divorces are often referred to as a simple divorce.In an uncontested divorce, the spouses come to an agreement on all issues without going to trial. When the spouses have resolved every issue, an uncontested divorce is usually simpler than a contested one.
A divorce can reach a resolution in all matters without either party ever stepping into the courthouse, depending on how they work out their issues.
In the case of an uncontested divorce, the spouses agree to end the marriage and come to an agreement on issues pertaining to child custody and support, division of marital property and spousal support. An attorney reviews the agreement and files the final paperwork with the court. Once the court enters the judgment the divorce takes effect and the judgement is mailed back. However, in some cases, the court may request an informal or formal hearing.
In the case of a contested divorce, spouses have disagreements on major issues involving child custody and division of marital assets. These disputes do not automatically require the court’s intervention, but they can be resolved through divorce mediation, collaborative divorce, arbitration or third-party negotiations. The case goes to court when spouses are unable to resolve disputes or reach a resolution.
For a consultation and more info about uncontested divorce in White Plains, contact Gregory Salant at gsalant@haroldsalant.com or call 914-683-2500.