New York City Divorce Negotiation Lawyers

What Are the Advantages of Negotiation in a Manhattan Uncontested Divorce?

Uncontested divorce is a much simpler process for ending a marriage for couples who agree that the time has come. For couples who can take advantage of this process, they can avoid costly litigation that often becomes rife with antagonism and conflict. Parties can engage in negotiation through a family law attorney trained to help spouses reach a full and final settlement as to all marital issues.

An uncontested divorce hinges on coming to a mutual agreement on:

• Child custody and support. For parents with kids, child custody and parenting time is likely the most important issue to be resolved. This can be extremely contentious, or it can be friendly and cooperative. A good divorce lawyer can come up with creative solutions that place the children first, and that satisfy both parents. Child support, too, must be determined, and this can be tricky, particularly for parents with high incomes.
• Division of marital property and debt. There is more than one option for determining how to split your accounts or other financial assets. For some couples it might make sense to simply sign over or waive ownership in certain accounts versus dividing each one down the middle and transferring funds. For other couples who may have more complicated investments and retirement accounts, the negotiation may require a little more effort to determine an equitable division. Debts, too, including credit card debt, must be split up between the parties. Do you have multiple marital residences, some of which may be more or less attractive when it comes to retaining ownership? Your negotiator will be able to show you that there is plenty of bargaining room on both sides if you are able to prioritize what you each truly need.
• Spousal support. Particularly when one spouse earns much more than the other, there is an expectation that spousal support – which New York State calls “maintenance” and which you may know as “alimony” – will be provided to the lower-earning spouse. How much, and for how long, must be determined during the divorce negotiation process.
• Counsel fees. Under New York law, there is a presumption that the higher earning spouse will pay a portion of the counsel fees of the lower earning spouse. The amount of these fees must be negotiated and agreed to, and it can sometimes be a substantial sum.

Other issues may emerge during divorce negotiations. Who gets to keep the art? Do both parties need to have life insurance policies? How will taxes be handled? But the above represent the issues that tend to dominate divorce negotiations.

A successful negotiation will result in a final divorce settlement agreement that is acceptable to both parties, and thoroughly addresses any issues that may arise between the parties post-divorce.

As an added benefit of uncontested divorce through negotiation, since your spouse has agreed to the divorce, there will be no court hearing, and neither party needs to appear before a judge.