Does Having Children Complicate an Uncontested Divorce?
Uncontested divorce, although an extremely simple and streamlined process, is a little more complicated when children are involved.
The court examines the uncontested divorce paperwork a lot closer when children are involved. The court is responsible for ensuring that the childrens’ rights are being protected, as they are minors and can’t fend for themselves.
There are rules that must be followed.
Child Support in Uncontested Divorce
The Child Support Standards Act mandates certain child support guidelines. These guidelines can be deviated from with a Stipulation Regarding Child Support.
To learn more, visit the child support calculations page.
Child Custody in Uncontested Divorce
In addition to child support calculations there are issues surrounding custody and visitation that must be agreed upon in order to have a New York uncontested divorce with children.
Legal custody is different from physical custody.
Legal custody is defined as whether you have decision making authority regarding important elements of the childrens’ lives, such as religion, education and medical decision.
Physical custody is who the child or children will primarily reside with.
Child Visitation in Uncontested Divorce
In regards to visitation, some clients decide to enter into formal parenting plans and visitation schedules, while others simply state that the non-custodial spouse will have “reasonable” visitation.
“Reasonable visitation” means that you and your ex will allow reasonable access to visit the children at reasonable times.
This leaves the door open for flexibility, but it also may result in arguments down the line depending on your relationship with your ex-spouse.
As you can see, there are a number of issues that require the advice and guidance of a skilled New York uncontested divorce lawyer.
To schedule a free consultation to clarify issues regarding your New York uncontested divorce with children, please call (866) 830-2064.