Uncontested Divorce White Plains

Uncontested Divorce White Plains



uncontested divorce white plains    

Contested and uncontested divorces are the two types of divorce available in most States. The differences are simple to understand, but the process for either divorce can be quite complex. In a divorce, there are certain issues to be agreed upon such as the division of marital property, custody of children, child or spousal support, division of debts, child visitation, etc. Uncontested divorce is one where the spouses agree to the terms of the divorce. On the other hand, a contested divorce is when either party is unable to agree on the terms of the divorce.

Contested Divorce

In a contested divorce some of the most common disagreements are over 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. Generally, most couples prefer uncontested divorce because it is convenient, private, saves money and simpler than going to trial. It also reduces hostility, allowing both parties to resume their lives more quickly.

The divorce process takes anywhere between 3 and 24 months, depending on whether the divorce is contested or uncontested. An uncontested divorce takes about 3-6 months while contested divorce takes about 12-24 months. The amount of time varies according to the county or state, the court system and the party’s willingness to cooperate to speed up the process.

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.

It is possible to file for divorce online, if your divorce is uncontested. An uncontested divorce may be prepared and filed directly to the courthouse. Most online divorce services use an interview style questionnaire asking about the details of the marriage situation. When the questionnaire is completed and paid for, the answers are sent to the divorce service. The service prepares the paperwork in its state-specific forms.

For a free consultation and more info about uncontested divorce in White Plains, contact Gregory Salant at gsalant@haroldsalant.com or call 914-683-2500.