In the event that you and your spouse are able to agree on all of the major issues related to divorce, like asset division, child support, maintenance etc., we can file an uncontested divorce for you. An uncontested divorce is one of the quickest and least expensive ways to get divorced. The process is streamlined and is usually amicable. Despite being a simpler process than a contested divorce, any such proceeding should be handled with proper representation. As such, we are here to help!

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Some things you and your spouse would want to consider before filing an uncontested divorce would be child support, custody and visitation, asset division and maintenance. 

 

Custody/Visitation:

 

Certain practical considerations may dictate how custody/visitation should be determined. For instance, if you work early in the morning and arrive home late at night, it might not be feasible for you to bring the kids to and from school, as such, you may have your spouse, who works part-time do so. In that situation, it might be best to have your spouse spend weekdays with the kids and you, perhaps, on weekends. Of course, every situation differs, but one should always consider the certain realities of the family dynamic when coming to a decision.

 

Regarding legal custody or decision-making, you may want to create a chart of all the important issues you as parents would decide for your children. Some issues may be more important to you than to your spouse. For instance, you may be very religious and your spouse may be rather indifferent as to which religion your children are raised with. As such, you may want to have sole decision-making authority with regard to that specific issue. Your chart may look like this:

 

 

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Child Support:

 

Courts mandate that the non-custodial parent (NCP) make payments to the primary custodial parent (PCP) to offset some of the expenses the parent who spends more time with the kids usually incurs. The courts have guidelines detailing how much the non-custodial parent should be paying to the other. Generally, courts determine that the NCP should pay:

 

1. 1 child: 17% of gross income after certain deductions

2. 2 children: 25% of gross income after certain deductions

3. 3 children: 29% of gross income after certain deductions.

4. 4 children: 31% of gross income after certain deductions.

5. 5+ children: 35% of gross income after certain deductions. 

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These, however, are simply guidelines and are not conclusive findings a judge makes in every situation. Furthermore, in an uncontested divorce, the amount of money the NCP pays to the PCP can be determined by agreement rather than a formula. 

 

Asset Division:

 

In New York, assets acquired during the marriage are subject to equitable distribution. Equitable distribution for long term marriages in New York typically provides for an even split of those assets. This conversation essentially turns to who gets what. Some couples are happy with having whatever is in their name, remain in their name, or other couples prefer that everything be split 50/50, as a court may determine. 

 

Maintenance:

 

Maintenance or spousal support is essentially a temporary, transitional support payment plan that the lower income spouse receives from the higher incomed spouse. The purpose of spousal support is to foster economic independence over a limited duration. Like many things divorce-related in New York, it is subject to a judge’s deference, however, the courts have created guidelines pertaining to maintenance as well. 

 

• If Child Support is being paid by the higher earner, then the lower figure of either

  • 20% of the higher earner’s income minus 25% of the lower-earner's or

  • 40% of the combined income of the spouses minus 100% of the lower earner’s income

 

• If Child Support is notbeing paid by the higher earner, then the lower figure of either

  • 30% of the higher earner's income minus 20% of the lower earner’s or

  • 40% of the combined income of both spouses minus 100% of the lower’s

  

• The duration of payments to be made depends on the length of the marriage

  • 0-15 years of support = 15-30% of the length of the marriage

  • 15-20 years of support = 30-40% of the length of the marriage

  • 20 or more years = 35-50% of the marriage

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Should you require the services of an experienced divorce attorney, look no further. Upon calling, you will immediately be scheduled for a consultation with Attorney Fried who will personally discuss the facts and circumstances surrounding your case. Consultations are always FREE and our rates remain competitive. We look forward being your trusted advocates and getting you the results you seek!