Uncontested Divorce Attorney in Hudson Valley

What is an Uncontested Divorce? 

An uncontested divorce is a type of divorce where both parties agree on all of the terms of the divorce, including property division, child custody and support, and spousal support. Essentially, an uncontested divorce is a mutually agreed-upon end to a marriage, where both parties are able to work together to reach an agreement on all aspects of the divorce.

An uncontested divorce is only available to couples who are able to reach a divorce settlement in private or through mediation. A primary factor that sets uncontested divorces apart is the absence of divorce litigation.

What Are the Benefits of an Uncontested Divorce? 

Unsurprisingly, the possibility of avoiding the courtroom is a desirable element for many couples. Uncontested divorces can offer spouses certain advantages that contested divorces cannot, such as:   

• More privacy. Couples who file for an uncontested divorce can often retain a sense of privacy and limit legal involvement to immediate family, as opposed to negotiating or “airing dirty laundry” in a crowded courtroom filled with strangers. 
• More affordable. Given the absence of divorce litigation, many couples can save money on legal expenses, court costs, and other fees. 
• Less time-consuming. Forgoing divorce litigation in the courtroom not only saves a couple money; it also cuts back on time. Contested divorces are often more demanding in terms of wait and processing times. Because they are often more difficult to resolve, it likely comes as no surprise that uncontested divorces can greatly reduce the duration of the divorce. 
• Less hard on kids. For couples with children, an uncontested divorce is often a preferred route to take, as it can offer families more privacy and allow them to maintain a sense of dignity throughout the process, as opposed to turning the courtroom into a full-blown battlefield.

While an uncontested divorce can sound good in theory, many couples are surprised to discover that meeting eligibility requirements is easier said than done. It isn’t uncommon for couples in an uncontested divorce to change lanes partway through, as undergoing the legal process has a tendency to unearth certain terms that the couple may not agree on. 

In some cases, one or both spouses can change their minds and decide they no longer agree on an element of the divorce. When this occurs, the divorce automatically becomes a contested divorce. 

It's normal and understandable for spouses to underestimate the sheer quantity of divorce-related terms that must be agreed upon. 

Common points of contention include: 

• Property division. This includes all of a couple’s individual and joint assets, including retirement accounts, investments, real estate, cars and recreational vehicles, and even pets. 
• Child custody. Determining elements of child custody (such as child support, parental rights, and the caregiver with whom the child will primarily live) can be a particularly hostile area of divorce. Even two spouses united by the mutual desire to prioritize their child’s wellbeing can butt heads on various details of child custody, ultimately complicating the divorce proceedings.
• Spousal Support. Also known as “spousal maintenance” or “alimony,” spousal support causes more disagreements than other issues in a divorce, often leading to conflict and extensive negotiating. 

Do I Need a Lawyer for an Uncontested Divorce?

There is no legal obligation for couples to retain representation for an uncontested divorce in New York. However, few couples can obtain a “DIY divorce” without unintended complications. 

While you may qualify as one of those lucky few, it's worth assessing all of the options available to you to avoid remorse in the long term. It isn’t uncommon for couples to return to court weeks or months after a DIY divorce to remedy an unexpected problem or issue. 

It’s important to be honest with yourself when deciding which path to divorce is ideal for your personal circumstances, as compromising on certain conditions for the sake of cutting corners and costs can easily cost you more in the long run. 

4 Advantages of Hiring an Uncontested Divorce Lawyer

While it’s true that not every couple will require an uncontested divorce attorney’s assistance, there are numerous benefits to hiring an attorney to represent you. 

Consider the following reasons to consider hiring a trusted family lawyer for an uncontested divorce in Dutchess County: 

#1. You and/or your spouse have high-value assets. 

Property division can be especially stressful for couples with high-value assets, especially without a prenup or postnuptial agreement in place. One misstep in family court can derail your effort to keep what’s rightfully yours. A qualified divorce attorney can strengthen your arguments with sufficient evidence and negotiate on your behalf when needed.

#2. Your spouse hired an attorney. 

If your spouse hired a lawyer to represent them, that’s a good sign that you should, too. If one partner has legal representation while the other does not, it can lead to unfair advantages during the legal proceedings and ultimately lead to disappointment. 

#3. Your divorce lawyer can review all legal documents with a practiced eye.

A DIY divorce can be grueling for the average person. When two spouses draft an uncontested divorce agreement without professional assistance or review, they put themselves at an increased risk of accidentally or unknowingly waiving certain rights. 

In some cases, a disgruntled spouse might try to trick or manipulate the other to agree to legally binding conditions without their knowledge. A skilled attorney can review all legally binding documents for accuracy, clarity, and fairness. 

#4. Your divorce attorney can help you complete each step of the process correctly and efficiently. 

From filing papers to serving your spouse to emotionally charged negotiations at the courthouse, there are so many moving parts in a divorce. The legal process can plunge divorcees into an unfamiliar world of confusing legal jargon and meticulous requirements, making it all too easy to miss court deadlines, misinterpret directions, or make costly missteps. 

For a skilled family lawyer, however, the legal system is a familiar environment—one they can navigate and guide you through with ease. Your attorney will be able to help you with monotonous tasks that are often overlooked in a divorce, ultimately keeping the legal process as efficient and successful as possible. 

Contact an Uncontested Divorce Attorney in Hudson Valley

From filing paperwork to complying with legal guidelines, family court can be an overwhelming blur for the average person. Variations in state laws can make divorce proceedings confusing for those who lack an in-depth knowledge of family law, as this particular legal area is considered one of the most complex. 

That’s why our firm is committed to serving families throughout Hudson Valley and the surrounding areas. Our dependable legal advocates at Letterio & Haug, LLP have extensive experience handling a wide range of familial disputes, including contested, uncontested, and same-sex divorces. 

If you’re contemplating divorce in Dutchess County, it’s crucial to turn to a divorce attorney you can trust. Call Letterio & Haug, LLP at (845) 203-0997 or contact us online to schedule a consultation.