Legal Question in Family Law in New York
Im getting divorced but theres no hard feeling and we mutually agree on everything (property/custody ect...) do we still have to go to court and have a judge decide?
Also can the judge turn down or change what we both decide?
2 Answers from Attorneys
No you can have a lawyer prepare a divorce packet for an uncontested divorce. This will include a settlement agreement which states in detail everything that you have agreed upon.
Yes, the court can change the following as noted in the NY instruction packet:
If you are asking for maintenance, custody, visitation, or distribution of property, the court may require a hearing, even if there is a prior court order or a prior agreement between you and your spouse. If there is no prior court order or agreement, you and your spouse can try to settle these issues by signing a written agreement , but any agreement with your spouse is subject to judicial approval prior to the court issuing a Judgment or an order incorporating the parties' agreement. Prior to making a decision about approval of the agreement, the court may also require a hearing. The court will notify you and your spouse to appear, if a hearing is required.
Read more at www.nycourts.gov/divorce/pdfs/Divorce-Packet-Instructions.pdf
Also licensed and practicing in NY
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