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Nassau County Family Law Blog

Wednesday, February 15, 2017

Discussing Uncontested Divorce With Your Spouse

How should I broach the subject of uncontested divorce with my spouse?

Obtaining an uncontested divorce in New York can offer cost effective and timely closure to your marriage.  In an uncontested divorce, you and your spouse are in control of deciding vital issues such as distribution of assets, child custody, alimony, and more.  By agreeing to some of the most important terms of your divorce, the proceeding can move forward without the stress that so often accompanies a divorce.  Divorce is a sensitive topic, and many individuals may be reluctant to broach the subject of an uncontested divorce with their spouse.  The following is a list of talking points that can prove useful in starting the conversation about an uncontested New York divorce with your spouse.

Keeping Divorce Costs Low

One of the greatest advantages to an uncontested divorce is the opportunity for both of you to keep costs low.  While an uncontested divorce will still involve attorney’s fees on both sides and some court costs, an uncontested divorce will come at a far lower cost than litigating in court.  An uncontested divorce can typically be completed far faster as well, which translates to a lower financial and emotional toll.  An adversarial divorce could require lengthy discovery, evidentiary hearings, and trial, costing both spouses significant sums and much emotional energy along the way.

Privacy

Unless your divorce is filed under seal, information brought up in the divorce will become open to the public.  While an uncontested divorce is still a public record, this form of divorce will involve far fewer private details.  This allows spouses who agree to an uncontested divorce to minimize the amount of information made open to the public.

Incentive to Work It Out

You should point out to your spouse the immense incentive that both of you have to make an uncontested divorce work.  Seeking to avoid the energy, expense, and time of a contested divorce places you and your spouse in a prime position to strive towards an uncontested one.  Both spouses should enter into settlement discussions in good faith and attempt to reach a fair agreement.  

An uncontested divorce is a great option for many spouses, but may not be your best choice if you have complex property arrangements or considerable disputes over another important issue.  Contact a Nassau County divorce attorney for more assistance with your individual case.


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