Guest Article by Myburgh Law P.C.
During an uncontested New York divorce, many couples feel the understandable desire to speed things along as quickly as possible. It’s common to fall into the trap of thinking that, because the dissolution of the marriage is quick and uncontested, they will not need the services of a lawyer. While it is true that an uncontested marital dissolution will enable both parties to go their separate ways much more quickly, there are both long term and short term reasons why hiring a qualified New York attorney is important even in an uncontested divorce.
As part of the process, both parties will have to come to a marital settlement agreement, also known as a stipulation of settlement. If there are children involved, a parenting plan has to be agreed upon as well. Thus, a mutual agreement must be reached on terms such as child custody, where the child will reside, child support, spousal support, division of debt and division of assets. Marital settlement agreements and parenting plans can quickly become confusing to someone who does not have training in family law. A lawyer with experience in family law will ensure that their client understands the terms they are agreeing to and will work to make sure that their client’s wishes are fairly represented in the final agreement.
While some people may feel that they are able to represent their own needs in an uncontested situation, it is easy to underestimate the emotional toll that the dissolution of the marriage can have. Increased levels of stress and frustration often occur during the negotiation process. While these reactions are to be expected, they sometimes prevent individuals from making decisions which are best for the long term. A momentary rash desire to just have the process be over can result in life-long consequences when it comes to assets such as retirement savings, pensions, investments, houses, and 401ks. An attorney can look after these interests for their client without the added emotional turmoil often felt by the client.
Additionally, not all uncontested divorces remain that way through the entire legal process. Unfortunately, some parties will begin negotiations and realize that they simply did not agree on as much as they previously believed they did. Child custody arrangements are often a major point of contention between the parties, as is debt division. If the negotiations do take a turn towards contested territory, it’s good to have an attorney present to help one navigate through the much trickier legal issues surrounding this type of marital dissolution.
However, the proceedings may go just as smoothly as expected. Yet if one partner has a lawyer present, the one without legal representation may feel exposed or resentful without proper counsel. In such situations, both parties having an attorney to represent them promotes an atmosphere of equality and cooperation that is necessary for a successful negotiation.
Ultimately, a divorce is a life-altering event whether it is contested or uncontested. While the dissolving of a marriage will rarely be entirely pleasant, having the proper representation can be the deciding factor in how smoothly the process will go. Having a comparatively quick, hassle-free dissolution of marriage is very possible, and choosing to use the services of an attorney familiar with all aspects of family law is the best way to reach that goal.