Divorce does not have to be a bitter contest in court. If the couple agrees on the need for divorce and are willing to compromise on the resolution of important issues, an uncontested divorce can avoid conflict and save time and legal fees. The Law Offices of Randy S. Margulis has helped many Western New York residents use this procedure to achieve beneficial outcomes.
An uncontested divorce is one in which the spouses agree on all of the relevant issues that must be addressed in the divorce judgment. Those issues include the following:
Either you or your spouse must initiate the divorce by filing a complaint as plaintiff. Whichever one of you is the defendant must file an affidavit agreeing to everything in the complaint. In an uncontested divorce, unlike a collaborative divorce, the attorneys for you and your spouse do not need to agree in advance to withdraw from representing you if they fail to negotiate an agreement on all of the divorce issues. Therefore, you can use the same attorneys in a subsequent contested divorce. We can advise you on whether an uncontested divorce is feasible for you and help negotiate an agreement that will make it possible.
You can’t obtain a divorce without legal grounds. Although New York still permits fault-based divorces, contested divorces may be brought on no-fault grounds. A no-fault divorce is permissible if either of the following is true:
However, even a no-fault divorce may have contested issues that need to be resolved.
Uncontested divorces are usually beneficial to both spouses. Because they and their attorneys are working together and not fighting each other in court, the divorce is less stressful, takes less time and saves money in legal fees and expenses. Because both spouses agree on the outcome, they are more likely to be satisfied with it and to cooperate and act civilly toward each other in the future. This can be especially important for the parents of minor children, who must cooperate on child-rearing issues. It also can make life much better for the children themselves, who won’t find themselves torn between competing parents. We can discuss these and other benefits with you in more detail and help you decide if you can take advantage of them.
The Law Offices of Randy S. Margulis represents Western New York clients in a full range of family law matters, including divorce. Call 716-886-9600 or contact us online to schedule a consultation at our Williamsville or downtown Buffalo office.
As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.
Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…