If you and your spouse agree to end your marriage, you likely want to ensure the divorce proceeds as smoothly as possible. If your spouse cannot or will not participate, you still have options to move forward with the guidance of an attorney.
A Saratoga Springs uncontested divorce lawyer may help make the process efficient. A divorce attorney from The Colwell Law Group may handle the filings and help create a settlement agreement that allows you both to start again with confidence.
As a lawyer may explain, the grounds for a no-fault divorce in Saratoga Springs are generally an irretrievable breakdown for at least six (6) months. Couples can also file for a no-fault divorce following legal separation under New York Domestic Relations Law § 170(7).
To finalize a divorce on the grounds of irretrievable breakdown, you and your partner must first settle all of your marital issues, including property division, child custody, and spousal maintenance (formerly known as alimony). If you can reach agreements beforehand, the spouse filing for divorce (the plaintiff spouse) can present them to the Court with the first filings.
Fault-based grounds for divorce include:
A spouse can contest a fault-based divorce but may choose not to. If they do not respond to a divorce filing or enter an agreement, the Court will enter a default judgment against them.
An uncontested divorce is not always straightforward, especially if the defendant spouse has disappeared or will not acknowledge the situation. Lawyers often work with investigators to find a defendant who is hiding from service. If the defendant still refuses to participate, the attorney representing the plaintiff spouse can help them obtain a default judgment for divorce without the defendant’s input.
When divorcing spouses are amicable enough to cooperate, one or the other may wonder why they should hire a divorce lawyer. Attorneys often help an uncontested divorce proceed more quickly and cost less in the long term.
Marital settlement agreements for property division and other major issues are binding, even if one partner regrets the terms later. A Saratoga Springs attorney may help ensure that the agreements in an uncontested divorce anticipate any possible complications with state law or future plans. This can be especially important when one of the partners has high-value assets or may acquire them in the future.
A key part of a divorce attorney’s work, especially for high-earning clients, involves identifying what property actually belongs to the marriage and what it is worth.
In New York, marital property includes everything the couple acquired as spouses, with exceptions set out in New York Domestic Relations Law § 236 B(1)(c). Both partners have the right to an equitable division of marital property. However, the assets a partner acquired before the marriage are considered separate property, as are any of the following assets they acquired during the marriage:
For an amicable divorce settlement in Saratoga Springs, attorneys must make the distinction between marital property and separate property clear. One partner may argue that they are due profits from separate property because of a prior agreement or work contributed during the marriage. A careful current valuation of all past and present assets may support fair decision-making.
You may want to act quickly if you and your spouse have decided to end your marriage, especially when you are both ready to move forward. However, working with a Saratoga Springs uncontested divorce lawyer can make the process easier and help you protect your future.
Contact The Colwell Law Group today to discuss safeguarding your interests and those of your child/ren.
Colwell Law
N/a
(518) 462-4242
513 Broadway