Why You Should Have a Lawyer Even if Your Divorce Is Uncontested

In deciding to end your marriage, you and your spouse may agree on the big picture, paving the way for an uncontested divorce. If you’re eligible, this route can save significant time and expense and avoid emotional strain. Nevertheless, there are good reasons not to proceed without an attorney.

Specific criteria must be met to qualify for a New York uncontested divorce. These include meeting residency requirements and establishing legal grounds (most commonly, the irretrievable breakdown of the relationship for at least six months). You must also reach agreement on all material issues, including the division of assets and debts and spousal maintenance (alimony). If there are children of the marriage, the court must approve child support, custody and visitation arrangements. 

Even if your divorce begins amicably, disagreements can surface. A dedicated uncontested divorce attorney can stand up and protect your interests if any disputes arise. Moreover, an attorney can provide indispensable support throughout the process by:

• Adhering to procedures and paperwork — There are packets of forms that must be accurately completed and filed with the court, from the summons and complaint to financial disclosures to the final settlement. An attorney will help you avoid errors in document preparation and see that all procedural requirements are met, preventing delays or possible dismissal of your case.
• Exploring solutions and reaching agreements — If you and your spouse hit a roadblock on an issue, an attorney can outline your options, explain the potential outcomes of going to court versus using alternative dispute resolution methods such as mediation or collaborative divorce. A skilled lawyer can advise which path is best suited for your circumstances, helping you reach a comprehensive final agreement that both spouses find acceptable.
• Protecting your rights and ensuring fairness — This is the attorney’s most important function. A settlement agreement that seems fair on the surface may have consequences you haven’t thought of. A lawyer can provide an objective evaluation of the terms of division of property, including real estate, retirement accounts and investments. They can negotiate fair spousal maintenance arrangements and child support and custody arrangements meet court approval.

The attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York have wide experience representing Long Island residents in obtaining uncontested divorces. To learn more, call 631-360-0400 or contact us online to schedule an appointment.