5 Things to Do Before Couples without Children Can file for an Uncontested Divorce
Many prospective divorce mediation clients who are childless, or have children over 21 years of age call me saying “We already worked everything out together, can you help us with an uncontested divorce?” My response is “Great! But let me ask you just a few questions first….” Over 90 percent of the time, after I ask a series of questions, it becomes apparent to everyone that there are many unresolved issues, preventing the couple from successfully filing for an uncontested divorce. Here are 5 critical issues to be resolved before a childless couple can (or should) file for an uncontested divorce in New York:
1) Spousal Support- Sometimes a spouse needs financial assistance, perhaps because he or she left the work force to raise children who are now grown, or to pursue continuing education during the marriage. The amount and duration of support should be decided before filing for divorce. There are formulas and guidelines provided by New York courts to help determine the correct support amounts. This issue is discussed during divorce mediation and resolved prior to filing for an uncontested divorce. Couples may also waive their right to receive financial support from each other but should only do so after fully understanding and appreciating the legal ramifications of this type of waiver.
2) Asset Distribution- Most couples tend to acquire property together during the marriage, including but not limited to items like vehicles, homes, home furnishings, pets, financial accounts, and much more. Before an uncontested divorce can be filed, couples need to fully agree upon how the assets will be distributed. A divorce attorney or mediator can help ensure that the couple does not forget to discuss and reach agreements concerning all assets.
3) Debt Distribution- Unfortunately, many couples also acquire debt throughout the marriage. Common marital debts that accumulate can include credit card debt, student loan debt, mortgages, and more. How the debts will be split, and how to best minimize liability for a spouse’s debt should be addressed pre-filing for divorce.
4) Agreements in Writing- After resolving everything from 1 through 3 above, the understandings should be drafted into a binding Agreement by an attorney, who is knowledgeable about the language, terms, and provisions that will satisfy New York legal requirements. The Agreement often is filed as part of the uncontested divorce process.
5) Lots of Forms to Prepare and File- Even after satisfying 1-4 above, there are still many tedious forms to be filed with the County Clerk’s office as part of an uncontested divorce process, before a Judge will sign the Judgment of Divorce. If the couple is not in a rush to have the divorce judgment entered, they can try to prepare the forms themselves. NYcourts.gov has a “DIY uncontested divorce program” resource for people without children, or for couples with children over 21 years of age. However, to avoid the stress, headache, and uncertainly about whether the filing is being done correctly, an attorney can help with this part too. Most of my clients prefer having my help all the way through.
Bottom line, an amicable divorce isn’t necessarily an “uncontested divorce” under New York law. There are procedural hoops to jump through before reaching the finish line.
Yes, I am an attorney but I’m not your attorney and this article does not create an attorney-client relationship. This article is legal information and should not be seen as legal advice. Consult with an attorney and a financial planner regarding your situation and goals.