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Marriages are like business partnerships.  Dissolution of both kinds can be very expensive, unless you can agree on terms.

Otherwise, matrimonial dissolution can be very expensive.  It splits your assets, doubles your living costs, causes havoc on your emotions, and has psychological affects on those involved.

And in our adversarial legal system, where each attorney is fighting for his or her client's best interests, a prolonged divorce can escalate before it becomes settled.  It's no wonder why divorce is the leading cause for negative opinions about the legal profession.

But there is an alternative that can save everyone substantial legal fees, not to mention the aggravation associated with the divorce process.  In New York State, it's called an Uncontested Divorce.

An Uncontested Divorce, or "UD," is where both spouses agree to getting a divorce and to the settlement terms before filing.  It is the filing of forms and documents, all of which are accessible online at the New York State Court website:

http://www.nycourts.gov/divorce/forms.shtml

But as the court website states:

"Before you use the booklets and forms, we strongly suggest that you give serious thought to using a lawyer for your divorce, even if you believe that your divorce will be “uncontested” (i.e., your spouse will not oppose the divorce in any way). There can be a lot more to think about than just ending the marriage and filling out court papers. (For example, there may be property to divide between you and your spouse, or you may need an Order of Protection and/or child support and other financial support, among other things.)"

I remember the first Uncontested Divorce I did using the forms available online.  I had a particularly difficult time, but I plodded through them, seeking guidance and advice the entire way.  And I am an attorney.  Since then, I have had several clients approach me and ask me to handle it for them after they tried and failed to do it on their own.

After doing a few, it got easier and the process went much smoother.  I soon offered the service to my clients for a flat fee, barring any complications.

To be eligible for an Uncontested Divorce, you must first be eligible to file a divorce in New York State.  There are two requirements: (1) satisfy residency requirements, and (2) comply with one of the grounds for divorce.

There were four grounds for divorce, but as of October 2010, there is a new ground known as “No-Fault Divorce.” Here, a party must swear that the marriage has broken down irretrievably for the previous six months.

For more information on this subject, or to ask questions about a particular matter, please contact:

Konst Law Offices at www.KonstLawOffices.com, or

Call (716) 601-1000 to speak with an attorney.