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.

Contact Us

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.

You Don't have to do this alone
We are here to help

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
Reanna Hodkiewicz
Reanna Hodkiewicz
Read More
I was looking for a lawyer to handle my child support case and didn’t know where I should go. I searched the internet and found Ryan Besinque. I checked his reviews and it seemed like he was a truly wonderful person and an excellent attorney. After comparing him to other lawyers, I decided to pick Ryan to represent me in court. I have been really pleased with my choice. Everyone on his team is experienced and well-informed. If you leave a voice message or send an email, someone gets back to you almost right away. I am completely satisfied with my child support and I highly recommend Ryan Besinque to anyone needing help with their child support case.
Kurtis Collier
Kurtis Collier
Read More
Hiring Ryan Besinque is the best decision I have ever made. He made everything so simple and easy. Even though my case was complicated, he was very clear and concise. His professionalism is top notch! I would highly recommend him to anyone needing a child custody lawyer.
Nikki Lueilwitz
Nikki Lueilwitz
Read More
I hired Ryan Besinque for my divorce mediation not too long ago. Ryan was patient and very knowledgeable with all of my questions. He took the time to make sure I understood my situation. It was a relief to have him handle my case. Ryan and his team were extremely professional and understood and worked with me throughout the process. They responded quickly to my emails and calls, which was proof that they value me as a client. They were very helpful and efficient in resolving my problem. Thanks a lot guys!
Kirstin Crist
Kirstin Crist
Read More
Ryan provided exceptional service and exceeded all my expectations. He was helpful and responsive. I was able to get my child custody case settled in no time thanks to him. Without him, I wouldn't have been able to get through this. I won’t hesitate to recommend him to anyone!
Alexys Schuppe
Alexys Schuppe
Read More
Finding the perfect family law attorney for my case was really hard. I searched the internet and stumbled upon Ryan. Ryan Besinque is among the smartest, sharpest, and the most experienced attorneys that I have ever met. He was always one step ahead of the situation. He gave fantastic legal advice and did a great job on my case. I definitely recommend him!
Kaelyn Wiegand
Kaelyn Wiegand
Read More
The Law Office of Ryan Besinque was my first choice when I searched for a divorce lawyer. Ryan and his team are the best! They listened and drafted all the legal documents I required. They kept me up to date with all the steps and deadlines so that my divorce was completed quickly. I would highly recommend this law firm.
Samara Glover
Samara Glover
Read More
Attorney Ryan Besinque was a great help during my difficult divorce. He is a highly experienced, seasoned, and no-nonsense attorney. He provided excellent advice and clarity in my divorce proceedings. Ryan, thank you! You are the best divorce lawyer in New York!
Previous
Next

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.

Privacy

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.

Contact Ryan Besinque for
Free Consultation

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.

Contact Us

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.