Divorce can be an emotional process. However, getting an uncontested divorce can make the process smoother and less stressful. This type of divorce is less expensive and requires fewer appearances in court.
An uncontested divorce is when both parties come to an agreement about the terms of their divorce. They present this agreement to a judge who will approve it.
Even if you and your spouse are looking to get an uncontested divorce, speaking to an experienced NYC uncontested divorce lawyer is still very important. A skilled divorce attorney from The Law Office of Ryan Besinque can help you understand the requirements and provide the legal assistance you need. Contact us today to schedule a consultation. Call (929) 251-4477 to speak with one of our top-rated attorneys.
It’s also possible that you have questions about what to do during a New York uncontested divorce proceeding such as how much an uncontested divorce costs or whether there is a possibility of your uncontested divorce being dragged out. Read on to learn more about what to expect during your uncontested divorce hearing.
What Happens at an Uncontested Divorce Hearing?
An uncontested divorce may be a quick and less expensive way for a divorcing couple. Here are some of the things you should expect during an uncontested divorce hearing:
Before the Hearing
The court will require you to complete the paperwork required for your uncontested divorce hearing. You will need to file the necessary paperwork with the court, including a summons and petition for divorce and a certified statement of financial worth. Parents with children below the age of 18 may be required to register for a parenting education course. After the paperwork is filed, you’ll receive a court date for your uncontested divorce hearing.
During the Hearing
You and your spouse will appear before a judge during the uncontested hearing to finalize your divorce. The hearing takes between 15-30 minutes and may include a few questions from the judge. A judge will examine your paperwork to determine if the agreements are acceptable to both of you. Once both sides agree to the terms of the agreement, the judge will sign it. Your divorce is final.
After the Hearing
Following your uncontested divorce hearing you will be given a copy of the divorce decree. This is legal documentation that certifies your divorce has been finalized. For records updates, it is possible to need to send a copy of your decree to agencies such as Social Security Administration. Your will, power of attorney, and any other legal documents may have to be updated to reflect your marital situation.
If you or your spouse are considering getting an uncontested divorce, it is still essential to speak with a skilled divorce lawyer. A skilled attorney can help you provide the legal advice you need when going through the process of divorce. Schedule a consultation with our team of divorce attorneys today.
|Stage of the Process
|Before the Hearing
|Complete required paperwork, file documents, and schedule a court date.
|During the Hearing
|Appear before a judge, answer questions, and review the agreement.
|After the Hearing
|Receive a divorce decree, update legal documents, and notify relevant agencies.
The Role of the Judge in Finalizing Uncontested Divorce
In an uncontested divorce, the role of the judge is pivotal in finalizing the process. The judge’s primary responsibility is to ensure that the agreements reached between the spouses are fair, equitable, and entered into voluntarily.
When the necessary forms have been filed and the court schedules your uncontested divorce hearing, the judge reviews the terms of the divorce. This includes the dissolution of marriage, the distribution of property, child custody and support agreements, and the grounds for divorce. The judge evaluates whether both parties have willingly agreed to these terms, ensuring no coercion or duress was involved.
During an uncontested divorce hearing, a judge typically asks a series of questions to both parties. The aim is not only to confirm the details and terms of the agreement but also to ensure they understand the implications fully. These questions range from validating the signatures on the agreement to confirming the fairness of the settlement, and to verifying that the agreement encompasses the entire settlement.
The judge will also ask for the reason for the divorce, also known as the ’cause of action.’ Further details regarding the date and place of marriage, any children involved, and the residency duration in the state are also confirmed during this hearing.
Once all these factors have been addressed satisfactorily, the judge signs a Judgment of Divorce, thereby concluding the process.
Questions Asked During an Uncontested Divorce Hearing
During an uncontested divorce hearing, any written agreements on the terms of the divorce will likely be repeated aloud. Your divorce attorney will ask you pointed questions that are designed to create a record in case a spouse changes their mind later. It is important to answer these questions honestly, as they will be recorded on an official transcript.
The questions will include whether you agree with the terms of the agreement, whether you signed the agreement, and whether you were forced or coerced into the agreement.
Your divorce attorney will also ask other questions such as:
- Is the settlement fair to you?
- Did you enter into the agreement voluntarily?
- Are there any side agreements that need to be noted?
You will need to confirm that you understand you are waiving rights to a future trial by submitting the agreement and that you have reviewed the agreement, paragraph by paragraph, with your spouse and your divorce attorney.
Once these questions have been answered, the judge will ask for the reason for the divorce and confirm information such as the date and place of your marriage. The names and birth dates of any children, living arrangements, and the length of residency in the state will also be asked. If all of these issues are satisfied, a Judgment of Divorce will be signed and entered.
How Long Can an Uncontested Divorce Process Take?
An uncontested divorce in Illinois can be resolved much more quickly than a contested divorce. A contested divorce can take a significant amount of time to work through all the issues and legal processes. Generally, a simple uncontested divorce can be completed in just a few months. However, the length of the process depends on the unique circumstances of each case, and some uncontested divorces may take up to six months or more to finalize.
Since uncontested divorces do not involve contested issues, the court does not need to make decisions, which can expedite the process. This can also save couples a considerable amount of money. However, navigating the court process can still be challenging for those who are unfamiliar with it.
Speaking to an experienced lawyer may be able to help you and your spouse understand the uncontested divorce process better and why it can be a great option for you and your family. A skilled attorney can work with you to protect your best interests.
Advantages of Getting an Uncontested Divorce
When a couple can agree on issues such as child custody, child support, alimony, spousal maintenance, and property distribution, an uncontested divorce can be faster, cheaper, less emotional, and more private. It is better for couples to work out their issues and differences to their advantage with less involvement by attorneys and the court. Couples may use a divorce mediator to help them agree on sticking points.
Although couples may not need the assistance of an attorney, having legal guidance can help in the negotiation process, in drafting and ensuring the accuracy of required documents and forms, and in ensuring their timely filing.
Attorney Ryan Besinque is a skilled divorce lawyer with years of experience helping families with divorce and other family law matters. Contact us today to schedule a consultation regarding your uncontested divorce case.
The Importance of Having an Experienced Divorce Lawyer
In an uncontested divorce, attorneys can review the agreement and divorce documents, make suggestions, and ensure the accuracy and comprehensiveness of the settlement agreement. At the law office of Ryan Besique, we believe that amicable divorces are most advantageous, but our priority is always to serve our client’s legal needs while mitigating further contention.
Especially when a marriage has extensive assets to divide or minor children to care for, having a legal advocate ensures that a spouse has a full understanding of the consequences and has not agreed to things they may regret.
To schedule a consultation, call us today.
Getting the Legal Help of a Skilled New York City Uncontested Divorce Lawyer
An uncontested divorce can be a more straightforward and less expensive option for couples looking to end their marriage. During an uncontested divorce hearing in New York, you can expect to appear before a judge for a brief hearing to finalize your divorce. By understanding what to expect during the hearing, you can prepare yourself for the process and ensure that your divorce is finalized smoothly and efficiently.
At the Law Office of Ryan Besinque, NYC divorce lawyer Ryan Besinque and our team of legal professionals advocate for the best interests of our clients. We may be able to provide the legal advice you need when it comes to your divorce and other family law matters. Contact us today at (929) 251-4477 to schedule a consultation.