Unfortunately sometimes a marriage just doesn't work out. Feelings toward each other change and both parties have come to the conclusion that it would be best for everyone if they just move on with life without being married anymore. In these cases where there is a lack of animosity toward each other an uncontested divorce can be the way to go.

  An uncontested divorce isn't being taken advantage of by the other person. It does not mean forfeiting your rights or not protecting your interests in the future to the benefit of the other party. A properly crafted and executed uncontested divorce agreement goes a long way toward ensuring everyone's future.

Is an Uncontested Divorce right for you?
Is an Uncontested Divorce right for you?
Uncontested Divorce is not right for everyone.
In marriages where there is a high degree of malice or vindictiveness the process will probably fail.

Uncontested Divorce Requires Agreement
For a "no-fault" uncontested divorce, both parties must agree on settling the following issues :

* That the relationship between Plaintiff and Defendant has broken down
   irretrievably for a period of at least 6 months
* That ALL financial issues have been settled.

Other Reasons for Dissolution of the Marriage.

  Whether it's a contested or uncontested divorce, New York State
law requires that if you do not file for divorce under the "no-fault" statute, you must provide cause.

Some of the causes recognized by the state include :

* Residing apart for more then 1 year pursuant to a separation agreement or
   judgment of separation
* A spouse is incarcerated for at least 3 years
* Adultery
* Abandonment for an unbroken period of time of at least 1 year
* Cruel and inhuman treatment

Other Issues Must Be Resolved

* Division of Property
* Division of Debt
* Payment of any Spousal Maintenance
* Custody of any children
* Financial support of any children
* Visitation rights of non-custodial parent

Why an Uncontested Divorce?
If the parties involved can come to an agreement between themselves an uncontested divorce has some key benefits :

* Most efficient
* Least expensive
* Less time consuming
* Less stress on both parties
* Less negative impact on children
* Avoidance of litigation

  When seeking an amicable divorce one of the most important things an attorney can do is to educate and provide guidance on the procedures and challenges that occur during this process. A skilled attorney will also know to include items in the agreement that you may never have even thought of.

Richard F. Sweeney has the skill, knowledge and depth of experience to craft an uncontested divorce agreement that provides for the interests and well being of all concerned.



Click here to view frequently asked questions regarding Uncontested Divorce.

"A lawyer with the experience and skill to represent your interests in Divorce proceeding in southern Westchester including
Eastchester, Crestwood, Greenburgh, Mount Vernon, New Rochelle, White Plains, and Yonkers"