Legal Question in Family Law in New York
Uncontested Divorce in NY
My question is whether or not the uncontested divorce is the best route to go so I don't get hosed over (I hear horror stories from friends who have gone through divorce and they keep telling me to pay the big bucks for a lawyer, or you'll get screwed).
Here's my situation: My wife and I have amicable decided to get a divorce after 14 years of marriage. We have 3 children, ages 5, 11, and 13. I moved into an apt 6 weeks ago. I retired from the Navy last fall, so have a Navy pension plus my regular job's income. She is a school teacher, but doesn't make as much as I do (my income plus pension is 79% of our total combined income). Grounds are constructive abandonment on her part (although I haven't told her this is the grounds I'm filing for yet). We drifted apart and she found a guy who is just a ''friend'' and she values that friendship more than our marriage. I have no proof of adultery, just rumors. We would like to do an uncontested divorce. The house is in my name, but I don't want the house (she grew up in it) and want the kids to have a stable home and stay there. I feel there's no use fighting for custody if I have no grounds and since I will still live in the town, I will see the kids often.
1 Answer from Attorneys
Re: Uncontested Divorce in NY
As you may know, over 95% of all divorces are either are uncontested, or are settled.
I generally recommend that my clients pursue an amicable resolution. However, I also recommend that you have an attorney to explain your rights to you, and to ensure that you are not taken advantage of.
Bottom line: you can do it yourself, but I recommend that you consult an attorney. If the matter remains uncontested, it will not be all that expensive.
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