In an uncontested divorce, the spouses have reached an agreement on all issues and they do not need the assistance of the Court, other than to sign the final divorce papers. Many people contact Copps DiPaola Silverman, PLLC to explain that they have worked out an agreement and have an “uncontested divorce” and they simply want to “file the papers.” While it is commendable that you are able to work together with your spouse to resolve your marital dispute, please be mindful that the Court cannot grant your divorce (even if you claim it is uncontested) if all matters of child custody, child support, equitable distribution, and debt have been dealt with (either by agreement or trial). If these issues have not been specifically dealt with or, in the alternative, if your agreement remains silent on them, you may be opening yourself up to future litigation. You should consider reviewing the terms of your agreement with an attorney prior to signing it to ensure its enforceability.
In the event that you and your spouse have reached an agreement and you would like the terms drawn up in an enforceable contract, the Attorneys at Copps DiPaola Silverman, PLLC would be happy to assist you. In these matters, we are only able to provide representation to one spouse, and we would, of course, recommend that both spouses have competent legal counsel throughout the execution of the documents.