Buffalo, NY (WBEN) New York's court system has introduced a new way to simplify the divorce process for couples who are going through irreconcilable differences for s period of six months or more. One area lawyer says for some couples, it could save a lot of money. But if not done right, could cause headaches.
In an uncontested joint divorce, both parties agree to end the marriage and on what will happen to their finances and property—and for those with children, on child custody (parenting time) and support. “The Uncontested Joint Divorce program, which allows for eligible spouses to file and sign their divorce papers jointly—without having to prove reasons for the divorce—will save divorcing couples time and money, expediting the finalization of the divorce and averting unnecessary strain as they navigate this life period of major transition,” said Chief Administrative Judge Joseph A. Zayas. “I am thankful to Statewide Coordinating Judge for Matrimonial Matters Hon. Jeffrey Sunshine for his integral role in developing, piloting, and expanding this crucial initiative, which will benefit countless New Yorkers across the State.”
“The physical and emotional stress divorce places on couples and their families is well documented. This new program aims to provide welcome relief to New Yorkers initiating an uncontested, no-fault divorce. The Uncontested Joint Divorce program streamlines the paperwork required to obtain an uncontested divorce, will speed up the divorce process, further cooperation between the parties, and ease their path ahead as they and their families adjust to their new life circumstances,” said First Deputy Chief Administrative Judge Norman St. George.
Attorney Chuck Messina of Smith & Messina says you also have to compare it not only to traditional divorce proceedings, but the previous set of forms that the court system put out, allowing people to try and do this on their own, their uncontested divorce forms that are available on the courts website, which have been out for a few years. "I find many people find them incredibly difficult to navigate, very complex and almost impossible to comply with. If you look at them (online), over 110 pages long, this new set of forms of the court systems come out with the uncontested joint divorce forms are considerably more brief. They're only about 51 pages long, and they're a little more user friendly," says Messina.
The savings depends on whether you use an attorney. "If parties can actually fill these forms out on their own and go through with everything, they're probably looking at a cost of only the filing fees, which are going to tally up to somewhere between $200 and $300 so if they're not going to use attorneys, and they're only going to do this and they're going to do it correctly, they stand to save quite a bit of money," says Messina. He says divorce with an attorney can range from $2,500 to $7,500, but he says the money may be worth spending because an attorney will make sure everything is done right.
Messina says this type of form is good for someone who has been married for a short period of time, doesn't have any kids, and probably don't have a lot of assets or debts that have been intermingled. "I would not recommend a form like this for a party that's been married for a long period of time, has kids, significant assets, significant debts, real estate that needs to be transferred, anything like that." says Messina.