Uncontested Divorces

The Law and Mediation Office of Darren M. Shapiro, P.C. helps facilitate getting people to be able to submit uncontested divorce cases through mediation when we work with couples as a family law or divorce mediator in our Nassau County, Long Island Office centrally located in between Queens and Suffolk County. Mediation is not the exclusive route to get an uncontested divorce. Mr. Shapiro settles cases so that they become uncontested, when working in his role as a lawyer, before any litigation ensues or even after some litigation. Collaborative law is an excellent process for getting to be able to submit an uncontested divorce. Darren M. Shapiro, Esq. is a trained collaborative law attorney that can represent you through this process to resolve your case without litigation. Although we are not afraid of litigation at this office, we believe that going the uncontested route is a worthwhile endeavor for the couples that are able.

For a case to be considered uncontested, anything that a judge would need to rule upon in a contested case must already be agreed upon by the parties. Fundamentally this means that if there are any issues that are still undecided between a couple, then the case cannot yet be called uncontested. Some husbands and wives are able to sit down and iron our all their issues at the kitchen table. Those couples, however, are still advised to use an attorney to prepare and submit the settlement agreement and the uncontested divorce package of papers to the court. If those couples use a divorce mediator and drafting attorney such as Mr. Shapiro to finalize their kitchen table agreement, they are advised to consult with their own review attorneys to make sure they understand all of the legal implication of their settlement agreement. To get past the sticking points that the couple is unable to agree upon or do not know how to resolve, couples are advised to seek divorce mediation from this office or a divorce mediator with whom they are comfortable. For those that do not find mediation to be the right fit, collaborative law or settlement discussions with the help of a matrimonial, family law and divorce lawyer can be the way to get to uncontested status. Four way meetings between lawyers and the parties are often a productive way to structure the settlement. Feel free to call this office to learn about any of these options.

There are certain topics that must be decided upon in order to have your divorce be uncontested. At this office we will go through them all to make sure that everything is addressed. The couple must choose one of the seven grounds that are available under the New York Domestic Relations law in order for there to be a divorce. The “No-Fault” grounds is probably the most commonly selected since the passage of the no fault divorce law for New York in 2010. This provision can be found in Domestic Relations Law Section 170(7), and is that the marriage has been irretrievably broken for at least six months. Neither the husband or the wife are assigned fault under this no fault divorce section, it just recognizes that the marriage did not work and can therefore be dissolved. Any of the other grounds sections of the Domestic Relations Law could also be used for the divorce to still be uncontested. The other grounds are: living apart according to a separation agreement under Domestic Relations Law Section 170(6); living apart according to a separation judgment or decree under Domestic Relations Law Section 170(5); adultery as set forth in Domestic Relations Law Section 170(4); imprisonment as outlined in Domestic Relations Law Section 170(3); constructive abandonment or physical abandonment under Domestic Relations Law Section 170(2); or Cruel and Inhuman Treatment according to Domestic Relations Law Section 170(1). The other party does not have to admit whatever grounds are selected for the divorce to be uncontested, rather they can simply neither admit nor deny the grounds. We will work with you to come up with a resolution on grounds that makes everyone comfortable.

Custody and parenting time must be agreed upon if the couple has children under eighteen. Darren has a great deal of experience with these issues and can help structure an agreement for your family. Child support in New York goes to age twenty one according to the Child Support Standards Act therefore needs to be addressed for children that are not emancipated at an earlier age. Whether or not there will be any maintenance (formerly known as alimony), and if so, how much and for how long needs to be part of the settlement. Equitable distribution, which can have a lot of subcategories, needs to be resolved as well to submit an uncontested divorce. Other pages of this website and our blog entries go into further details about all the topics of law that are part of a divorce. Please click around or call for greater details.

Uncontested divorce is a way to move on with your life in a dignified manner. Even if your divorce is not yet settled, it does not necessarily require a war to eventually become uncontested. This office has been resolving matrimonial and family law cases in the Long Island and New York City area for a number of years now. Call to see if we can help. Mediating couples are invited to come in for a half hour free consultation together. People looking for the advice and representation of an attorney can call or come in for a free initial consultation. Whatever route you choose it would be our pleasure to speak with and work with you to resolve it.