Bronx uncontested divorce lawyers
There are going to be a number of reasons that you want a skilled Bronx uncontested divorce lawyer working on your behalf. Although both you and your soon-to-be ex-spouse are in agreement that you want to end the marriage amicably, your Bronx uncontested divorce lawyer can make certain things go smoothly in court and nothing unexpected arises before the final judgement is made.
These are a few reasons to speak with Bronx uncontested divorce lawyers before trying to rush the case through the courts on your own without legal representation.
Saving Money on Two Lawyers
Now that you and your soon-to-be ex-spouse are in agreement that you want to amicably end the marriage, one of the things that you can do is save a significant amount of money by having one Bronx uncontested divorce lawyer represent you both. While this would be considered unlikely when filing a traditional divorce, since both parties are working towards one goal, it makes perfect sense. There are no ill feelings or resentment towards each other, so getting in a room together to meet with the Bronx uncontested divorce lawyer is not going to be an issue.
Both parties can discuss what they expect when the final judgement is made, and the attorney can explain in detail what will be happening every step of the way. With both parties at the table, they will be no back and forth between lawyers, so less time is needed to process the divorce.
Understanding Your Legal Rights
Although it might appear on the surface that an uncontested divorce can be filed without an attorney, it is important to understand your rights during the proceedings. Each state has different rules and regulations concerning divorce, the last thing you need is to hit a snag at the courtroom and find out more time is needed until the divorce is finalized. Your Bronx uncontested divorce lawyer will help bring you up to speed on all the complexities and legalities of these type cases, making certain you understand what rights you have and what rights you are going to be giving up by filing for divorce in this manner.
Understanding your rights will help convince the judge that you did not enter into this agreement lightly.
Timely Filing of Legal Papers
Just like every divorce that is presented to a judge in the court, papers must be filed correctly and in a timely manner. Just because both parties have agreed it is time to move on and do not want to fight each other, that does not mean the paperwork gets any easier. Make a mistake filing incorrectly or missing a deadline, and this divorce can drag out longer than anyone wants. The big benefit of getting both parties in front of the Bronx uncontested divorce lawyer is that the paperwork can be explained in detail one time, and both parties can sign the documents together and bring up an concerns or questions while all sitting at the table together.
If questions or concerns do arise, they can be swiftly handled at the lawyer’s office. The Bronx uncontested divorce lawyer has a team that will make certain the papers have been filled out properly and filed in a timely manner.
Unexpected Surprises in Court
With the divorce rate skyrocketing in the New York region, many judges do not just rubber stamp the paperwork and send the couple on their separate ways. In the court, many judges request both parties to approach the bench and discuss why this marriage should be ended, and if the reasons aren’t valid, the judge does have the right to deny the request. Your Bronx uncontested divorce lawyer will make certain that both parties are informed of all the scenarios that may play out during the case. The judge may only want one of the parties in the court, maybe both, or might not ask to speak to the parties at all.
By being prepared of all the possible outcomes, there will be no surprises that could derail the opportunity to finalize this divorce so both parties can look forward to starting their lives over again.
Now you should have a better understanding as to why it is important to consult with Bronx uncontested divorce lawyers before filing papers with the court. Since you and your ex-spouse are in agreement about the way the divorce should be handled, working with the attorney will ensure everything goes as planned and is processed in a timely manner.
What is a marital settlement agreement in a divorce?
The marital settlement agreement goes by many names such as collaborative settlement agreement, mediated separation agreement or custody, support and property agreement. It may also be referred to as divorce settlement agreement, property settlement agreement or separation agreement. Marital settlement agreement is a written document that memorializes any agreements that have been reached between the divorcing spouses. This agreement pays much attention to child support, alimony, child custody and division of property. Alimony may also be known as maintenance or spousal support. In most divorce proceedings, these areas are always sensitive, thus the need to put it down in writing regarding the decisions reached between the divorcing spouses.
If the goal of the divorcing spouses is to avoid attorney fees and unnecessary turmoil, they will settle their case at the earliest moment possible. Once the spouses agree on the property rights, child support and custody as well as visitation agreement and put it on paper, they will file it with the court. In the courts, the marital agreement will become part of the divorce judgment as it will play a pivotal role in the decision making process. When used as part of divorce judgment, the agreement is known as divorce decree.
Divorce is a stressful situation. To this end, by agreeing on the contentious issues, you and your spouse will avoid misunderstandings and court appearances. A well-negotiated and cautiously written marital settlement agreement can proof to the court that you and your spouse have made considerations regarding all the matters related to your specific situation. An exhaustive marital settlement agreement can lead to quick and less expensive divorce. Through a marital statement agreement, you and your spouse will avoid a trial, which may be costly and time consuming. In case of children, there is need to work on issues of support, custody and visitation. This way, spouses cannot omit their obligations to support their minor children.
Since the issue of children is sensitive in nature, child custody, support and visitation cases are considered and determined by the courts. The determination is based on the best interests of the children. Marital settlement agreements are enforceable contracts. The judgment of divorce that incorporates a marital settlement agreement is considered final and such a divorce cannot be challenged. In the same breadth, a court cannot declare a marital settlement agreement to be invalid, especially when negotiations have been undertaken and both spouses represented by counsel. However, a spouse is free to challenge the marital settlement agreement although it is a herculean task to prove.
The following are ways through which a court may decline to enforce a marital settlement agreement:
• In case of Fraud – When filling for divorce, you and your spouse are obligated to file a sworn statement of net worth, which is a financial disclosure statement. If you and your spouse fail to disclose all your assets and properties, the court will refuse to enforce the settlement agreement. In addition, if you and your spouse are untruthful regarding the amount and nature of the assets and properties, the courts will have no choice but decline to implement the marital settlement agreement.
• Mutual mistake- The court may decide not to enforce the marital settlement agreement if you and your spouse signed the agreement without knowing that assets or properties were missing. However, you both can amend the errors by signing an amendment to the settlement agreement and taking the amendment for notarization.
It is always preferable that you and your spouse settle for an outside of court agreement. Failure to agree will most likely end up in courts. This way, the judge will make decisions on all issues. By going to courts, you and your spouse will not have the opportunity to negotiate and come to a common ground. If you need help, please speak to one of our divorce lawyers in New York.
Call Us