There are approximately 30 essential issues a couple must address and then resolve before a divorce will be granted by a court of law.  This is why an uncontested divorce New York, although rare, is the best and easiest for the courts to handle.  Uncontested divorces means neither party has anything to fight about or fight over and they are willing to divorce and go their separate ways, having settled everything themselves before arriving at court.  Some couples even share the same lawyer in an uncontested divorce in order to save money in legal fees.

Most uncontested divorces are from younger couples who have not had time to start a family or accumulate a lot of personal property. Contested divorces are those from couples who have been married over three or five years or more and have amassed great wealth or a number of items which could include a summer home, winter home, children, vehicles, boats, precious art and jewelry of great value. Both parties want the items and both parties will fight for the items; however, only one party can have a certain amount of the valuables, leaving the other half of the items to the other party.

According to a divorce lawyer NY a legal separation is usually the first step toward a finalized divorce because of all the issues associated with an uncontested divorce and which party gets what in a divorce. A divorce takes time to separate out all the accumulated items from the years of wedded bliss and if there are children involved, a divorce gets even more complicated because each parent wants the children to be with them. Unfortunately it is up to the court system to decide where the children will stay and who will have visitation. 

As said by a divorce lawyer Long Island, the court decides what is in the best interests of the children and unfortunately the court uses paper and not real life examples, therefore the courts sometimes gets it wrong. For example, a father may look good on paper by having the same job for over 10 years but in his real life he may be a “functioning alcoholic” – something the court will not see and could be harmful to the kids or child.