Uncontested Divorces in Buffalo, NY. How You Can Avoid Expensive Lawyer Fees.
- Harry Konst, Lancaster NY Attorney, Buffalo, NY
Marriages are like business partnerships. Creating one is easy, but dissolving it later can be very expensive. Thankfully, in New York State you can dissolve your marriage with an UnContested Divorce. But, you must both agree on all the terms.
And if you can't agree, matrimonial dissolution can be very expensive. The economic effects of a divorce include dividing your assets and doubling your living costs. But it can also take a greater toll. Divorce can bring havoc on your emotions, and it can have long-term psychological affects on all those involved.
Moreover, in our adversarial legal system, where each attorney is fighting for their client's best interests, a prolonged divorce can escalate before it becomes settled. It's no wonder why divorce is the leading cause for negative opinions about the legal profession.
But there is an alternative that can save everyone substantial legal fees, not to mention the aggravation associated with the divorce process. In New York State, it's called an Uncontested Divorce.
An Uncontested Divorce is where both spouses agree to getting a divorce and to the settlement terms before filing. It is the filing of forms and documents, all of which are accessible online at the New York State Court website:
But as the court website states:
"Before you use the booklets and forms, we strongly suggest that you give serious thought to using a lawyer for your divorce, even if you believe that your divorce will be “uncontested” (i.e., your spouse will not oppose the divorce in any way). There can be a lot more to think about than just ending the marriage and filling out court papers. (For example, there may be property to divide between you and your spouse, or you may need an Order of Protection and/or child support and other financial support, among other things.)"
I remember the first Uncontested Divorce I did using the forms available online. I had a particularly difficult time, but I plodded through them, seeking guidance and advice the entire way. And I am an attorney. Since then, I have had several clients approach me and ask me to handle it for them after they tried and failed to do it on their own.
After doing a few, it got easier and the process went much smoother. I soon offered the service to my clients for a flat fee, barring any complications.
To be eligible for an Uncontested Divorce, you must first be eligible to file a divorce in New York State. There are two requirements: (1) satisfy residency requirements, and (2) comply with one of the grounds for divorce.
There were four grounds for divorce, but as of October 2010, there is a new ground known as “No-Fault Divorce.” Here, a party must swear that the marriage has broken down irretrievably for the previous six months.
For more information on this subject, or to ask questions about a particular matter, please contact:
Konst Law Offices
5511 Broadway Street
Lancaster, NY 14086
For Questions, Call Ph. (716) 601-1000, or
Email to: HKonst@KonstLaw.com