Uncontested Divorce Attorney in NYC

While divorce is always difficult, some couples are able to minimize the emotional and financial toll that divorce can take by reaching an agreement between themselves. In New York, an uncontested divorce is an option available for couples who are able to work together in order to save money in attorney fees and to bring closure to their divorce in a timely way. When a couple is willing to work together to craft an agreement that is fair to both, a divorce that is uncontested is often the most cost-effective and expeditious option available. 

If you are considering a divorce and you and your spouse have come to mutually agreeable terms, the assistance of a lawyer can help fulfill all legal requirements and correctly file and execute all the legal divorce documents. Call today to speak with Ryan Besinque, a skilled New York lawyer that specializes in uncontested divorce as well as contested divorce. For a free consultation regarding your case, you may contact us via email at ryan@besinquelaw.com or via phone at (929) 251-4477.

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What is an Uncontested Divorce?

In New York, a divorce can be contested or uncontested, but few divorces fit neatly into one category. At times, an uncontested divorce may move into contested territory if an issue cannot be mutually resolved. Once the court becomes involved in making decisions for the spouses, it becomes a contested divorce. 

A true uncontested divorce is one where both spouses want the divorce and have resolved all their issues with minimal legal intervention. To finalize the divorce, each spouse needs to agree to the terms of the divorce and to file the proper legal documents in court. This can save the couple time, money, and the emotional distress that usually surrounds divorce litigation.

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An Uncontested Divorce May Still Require Negotiation

There are many matters that must be decided in a divorce proceeding, including asset division, the custody of the children, child support, and spousal support. In most cases, a certain amount of negotiation and dialog will still be required for both spouses to come to agreements about all the aspects that must be decided in a divorce. Sometimes, a couple can navigate these by meeting with a mediator to walk through the details of the divorce. This is when it can be helpful to have the guidance and legal assistance of a skilled New York divorce attorney.

Mr. Ryan Besinque is a top-rated attorney who has helped many couples navigate the details of their uncontested divorce, often helping negotiate sticking points between a couple without sacrificing cooperative communication, and with the best interest of the children in mind. If you need assistance with family law issues such as uncontested divorce, you can reach us via email at ryan@besinquelaw.com or via phone at (929) 251-4477.

Our Clients Testimonials
Marco Barone
Marco Barone
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Having Ryan as Lawyer it’s not only having a sure professional lawyer by your side , but it’s a blessing! It’s above the professionalism because he has a Human side that makes you feel considered and safe. With so much understanding! Thanks so much for helping me with my case in family court your help was precious.
Nancy Sanchez
Nancy Sanchez
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My ex and I really had a messy divorce. It was so stressful and emotional, we both couldn’t agree on many important issues. Having Ryan Besinque as my divorce lawyer really eased all my worries. He really helped me through this mess. He was with me every step of the process. He is calm, trustworthy, skilled, prepared, and a true professional. He really cares about me and my family’s well being. He gave me hope that things will get better. He explained everything to me in a manner that I can easily comprehend. He’s really one of the best NYC divorce lawyers. Hire him. You won’t regret it.
Alex Teller
Alex Teller
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I hired Ryan to do my prenuptial agreement, and I'm really happy I did. He was always so quick to respond, and to follow up with me and for me. He listened, and created something I feel very confident about going into marriage with. I appreciated the advice and suggestions he gave as well. I would, without question, recommend him to anyone!
Eric Hagstrom
Eric Hagstrom
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Ryan did a great job writing my prenup with some non-standard elements, really great attitude, very responsive, very professional. Highly recommend
Matt Freeman
Matt Freeman
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Ryan Besinque is one of the most down to earth, professional, and hard working lawyers I’ve ever retained. He guided me through my uncontested divorce, child support and custody. If you are looking for a lawyer who will go to bat for you and knock it out of the park, he is your lawyer! He is absolutely worth every penny!
Jenny Ruiz
Jenny Ruiz
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I am happy to write a review about Mr. Besinque. I have a custody case, and the court referred my case over to him, and I was represented for free. It was my first time going through this complex process, and to be honest, I was scared because I didn't know what to expect. After speaking to him, he made everything so simple to understand, and I navigated the process with great confidence. Mr. Besinque’s knowledge and experience gave me the peace of mind I needed. I recommend Mr. Besinque to anyone looking for a lawyer where your family’s best interests are protected.

Are There Advantages to An Uncontested Divorce?

While ending a marriage is never easy, for those who can work cooperatively, a divorce that is uncontested can offer some important advantages:

Ending a marriage peacefully

An uncontested divorce enables spouses to end their marriage on sound emotional footing, opening the door for future cooperation and communication.

Less expensive

One of the primary advantages to an uncontested divorce is that it can be relatively inexpensive. While each divorce is unique, the more litigation required in a divorce, the higher expected legal fees and court costs.


While some documents must be filed in court and made public record, not all agreements between the divorcing couple must be made public. This tends to reduce friction and animosity that may build between a divorcing couple.

Less stressful encounters

Unfortunately, litigated divorces can become stressful and unfriendly. A divorce that is uncontested can enable a couple to work toward amicable resolutions, cutting down on stressful communications.

Faster resolution

A divorce that is uncontested reduces conflict, affording a quicker resolution.

What Things Need to Be Resolved By a Couple in an Uncontested Divorce?

Divorce is never easy, and even in an uncontested divorce there will be some disagreement. The process is always more simple for couples who have no children and little marital property. That is not to say that a divorce that is uncontested is impossible for those with both property and children. But it will require the couple to agree upon more terms.

Key issues that a couple must resolve before an uncontested divorce can be settled include:

Meeting state residency requirements for divorce

Deciding on the division of marital property

How the custody of the children will be handled

Who will pay child support, and how much

If spousal support is warranted

An experienced NYC uncontested divorce lawyer can help a couple understand the laws and guide the couple toward the resolution of these matters in an informal and amicable way. At The Law Office of Ryan Besinque, our team of experienced divorce attorneys can help make sure that the best interest of all concerned, including the interest of your children are prioritized. To schedule a free consultation, get in touch at (929) 251-4477.

Residency Requirements in New York

Any couple divorcing in New York, whether contested or uncontested, will need to meet the state residency requirements. In order to divorce in New York:

Both spouses are residents of New York on the date of filing, and the grounds happened in the state.

One spouse must have been living in the state continuously for at least two years before they can file for divorce.

One spouse must have been living in the state continuously for at least one year before they can file for divorce, if 1) you were married in New York, or 2) you lived in New York as a married couple, or 3) the grounds for the divorce happened in the state of New York.

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Grounds for Divorce

There must be a reason or grounds” for your divorce in New York. While there are numerous grounds for divorce under our laws, in New York we have the option of “no-fault” grounds for divorce, stating that the marriage has been irretrievably broken for at least six months. This is often more conducive to an uncontested divorce than placing blame.

The court will always look more closely at a divorce when minor children are involved. It is the court’s primary responsibility to ensure that the child’s best interests are being protected in all cases, regardless of whether a divorce is contested or uncontested. 

A couple with children must determine what custody and parent visitation arrangements will be best for their children. There are two types of custody: legal and physical. While legal custody determines who makes the decisions for important matters in the childrens’ lives, physical custody is where they will live or divide their time between the two parents. 

A parenting plan must be developed by a couple with children. Some couples prefer less formal parenting plans, setting out “reasonable visitation” for the non-custodial parent, but the more detailed the plan, the easier it will be to enforce, if it becomes necessary. Ryan Besinque, a New York uncontested divorce attorney will be able to help you craft a comprehensive and enforceable child custody plan.

Child support, or the obligation that a parent has toward the financial support of the couple’s child or children, is typically paid by the non-custodial parent to the custodial parent for things such as food, shelter, clothing, health insurance, educational costs, and other expenses. Child support ensures that both parents contribute to the support of their children.

There are legal guidelines put in place to ensure that both parents are contributing fairly to the financial support of their children. With the best interests of the children in mind, Ryan Besinque is a New York lawyer specializing in uncontested divorce and can guide you toward a fair and adequate child support agreement. You may contact us at (929) 251-4477.

Division of Marital Property and Debt

New York is an equitable distribution state. This means that marital property must be divided equitably and fairly, but this is not always evenly. A couple can decide what that looks like for them. Marital property can include:

Income earned during the marriage

Property and assets acquired during the marriage

A couple’s business interests

Any retirement benefits either earned during the marriage

Any appreciation of property while the spouses were married

Investments made with either spouse’s income during the marriage

It is important for both parties to understand what marital property and debt applies to their marriage. A skilled NY divorce attorney can help them understand what their legal obligations are to each other and to their children, and ensure that marital property and debt are properly valued and divided to ensure equitable distribution. If you need guidance on family law matters, especially when involving children, contact The Law Office of Ryan Besinque via phone at (929) 251-4477.

Online divorce is a new divorce option that became recently available as more business has been conducted on the internet. This new type of online service offers to help a customer fill up divorce forms, finalize the agreements between you and your spouse, review the divorce case details, and file the divorce papers in court without needing to hire an attorney. 

While some people find this relatively new option more convenient and less costly, this kind of service can’t accommodate cases with finer details. And things can get complicated when a child or children are involved and custody is contested. In such cases, to make sure that the best interests of the child are met, you will need the skills of an experienced attorney that specializes in divorce cases.

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Ryan Besinque Explains: What is a Divorce Lawyer’s Role in an Uncontested Divorce in New York?

While do-it-yourself divorces exist and may be tempting, divorce and family law can be complicated. If you are navigating a divorce, even an uncontested one, you should understand your legal rights and obligations in order to serve your future best interests. Not doing so may jeopardize your interests and can lead to costly mistakes. 

A skilled lawyer specializing in uncontested divorce in NY understands how the system works and has experience helping couples reach agreements. Your lawyer specializing in uncontested divorce can advise you of all your options and caution you about potential pitfalls and consequences. They can serve as a resource to ensure that all laws are recognized, and all paperwork is properly executed and filed. 

Ryan Besinque is an experienced New York uncontested divorce lawyer and can help ensure that you understand your legal rights and obligations, as well as guide you toward a quick and fair resolution. To schedule a free consultation, contact us via email at ryan@besinquelaw.com or via phone at (929) 251-4477.

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