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Bronx uncontested divorce lawyers

October 2, 2020 Our Blog

Last Updated on: 22nd June 2025, 11:03 pm

Bronx Uncontested Divorce: Your Complete Guide to a Smooth Legal Process

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, the attorneys at Spodek Law Group 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 our 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 from Spodek Law Group 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 our 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.

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 at Spodek Law Group 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.

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 our 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 at Spodek Law Group 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 from Spodek Law Group 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 at Spodek Law Group 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
  • 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.

The Benefits of Settlement Agreements

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.

Challenge Type Details
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.
Dishonesty 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.
Amendment Option 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 at Spodek Law Group in New York.

Understanding Uncontested Divorce Process

During an uncontested divorce, you and your partner agree about the issues affecting your divorce. After you have resolved all issues, there is no need to go to court. However, you will be required to file a marital agreement and court forms that show the agreements you have made on pertinent issues such as:

  • Division of property
  • Division of debts
  • Child custody and visitation
  • Child support and alimony
  • Many of the other issues arising during a divorce

Your divorce should be approved by a judge. Unless the terms on the marital settlement agreement are unfair to one party, or were agreed upon under duress, the judge will approve the uncontested divorce.

A Lawyer’s Role In An Uncontested Divorce

The first and most important role of a lawyer from Spodek Law Group in an uncontested divorce is filing all the documents in court. This means you are guaranteed all the paper work will be filled accurately and correctly, allowing the court to resolve the divorce quickly.

In fact, with the representation of our attorneys, it is possible to finalize an uncontested divorce without having to appear in court.

While uncontested divorces are less likely to expose a lot of your private information to the public, there are cases where this can happen. With a legal representative, you are assured that your information remains confidential. Your lawyer at Spodek Law Group can take measures such as filing your divorce under seal to ensure that no information is leaked to the public. Our attorneys will also reduce the number of people involved in the divorce which is known to complicate matters.

One of the crucial duties of an attorney is to advice you and to draft the settlement agreement. Issues such as division of assets, child custody, and visitation are some of the things that are decided upon in a divorce. Our lawyers will advice you about the terms that are fair and will draft a settlement arrangement that will be served to your spouse with the final agreement filed in court for approval.

The Process Involved In An Uncontested Divorce

An uncontested divorce is a viable option for couples who have no disagreements regarding basic issues such as property division, spousal support, and child custody. An uncontested divorce is initiated when one spouse fills out divorce forms.

The forms are then filed with the county clerk and served to the other spouse. Failing to serve the divorce forms correctly means you will have to repeat the process again and this will cost you another filing fee.

After your spouse has been served, they are required to file a response. This may simply mean signing the papers that you have prepared. After the response is filed, depending on the state where the divorce is being conducted, the attorney from Spodek Law Group for the spouse filing for divorce will be required to prepare a settlement agreement.

The spouse filing for divorce will serve the other side with the settlement agreement and negotiations will begin based on the terms of the agreement. After both spouses are unanimous on all the terms of the divorce, the settlement will be forwarded to court for approval.

However, if the other spouse disagrees with the terms and makes the required court filing, the uncontested divorce will not be allowed.

Advantages of An Uncontested Divorce

One of the main benefits of an uncontested divorce is the reduced cost. Although it is advisable to hire our lawyers at Spodek Law Group, the low attorney bills and court costs make it more preferable than going to court.

Undisputed divorces are also granted much faster than disputed divorces. There are usually fewer court proceedings and legal wrangles. The main purpose of the court is normally to either approve or disapprove a settlement agreement.

Since uncontested divorces have fewer requests for disclosing of information and fewer court proceedings, there are less opportunities for couples to disagree. When couples separate in peace with each other, it also makes it easier for them to raise their children and easier for the children to accept the divorce.

Information that is part of divorce proceedings is open for the public to see. Therefore, personal information regarding one’s offenses, financial status, and other private matters become public record in contested divorces.

However, with uncontested divorces, less information is filed in court and so there is very little information that is in the public records. In this case, spouses who agree to an undisputed divorce are able to minimize the information that is available on public records.

Disadvantages Of An Uncontested Divorce

Experts’ advice couples with complex property arrangements and potential disagreements against opting for uncontested divorces. Furthermore, couples with children may also find it difficult to make custody and visitation decisions.

The main disadvantage with uncontested divorces is that there are no discovery procedures. During a contested divorce, discovery allows both spouses to request documentation and information from each other. This helps to uncover marital debts and assets.

Withholding crucial information in a contested divorce can subject one to perjury or any similar penalties. Without the discovery process, one party in an uncontested divorce may not have sufficient information about their spouse’s income.

With insufficient information about your spouse’s income, an uncontested divorce may result in an arrangement that provides unfair alimony or child support. It may also result in unfair division of marital debts and assets.

Summing It Up

An uncontested divorce is an alternative of ending a marriage without a series of court battles. Although there may be court proceedings, they are few compared to the court hearings in disputed divorces.

Apart from saving you court costs and attorney fees, uncontested divorces are also concluded faster when compared to contested ones. However, the downside of uncontested divorces is when high stake issues are concerned.

In matters involving complete transparency of assets, income, and debts, opting for a contested divorce could result in unfair terms. Before you decide to go for an uncontested divorce, consult a lawyer from Spodek Law Group for advice and assistance.

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