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Dividing property in the midst of an uncontested divorce

by | Sep 14, 2018 | Property And Asset Division

You’ve likely heard the term uncontested divorce in the past. You most certainly have heard it if you are in the throes of a divorce right now. An uncontested divorce is one in which you and your spouse are able to come to an amicable agreement on the terms of the divorce. This includes the division of your property and assets, including art collections, cars, the home and more.

Being that New York is an equitable division state, if your divorce proceedings move into a court, the judge will determine who gets what under the law. This means that the assets in the marriage will be divided as fairly and equally as possible, not just split based on which person’s name is on which item.

You can avoid having a judge make the decision for you by entering into an uncontested divorce. Most divorces that wind up in front of a judge do so because the two parties could not come to an agreement on one or more of the terms of the divorce.

If you and your spouse can amicably reach a decision as to who will receive what assets and property in the divorce, then you don’t have to worry about losing items you truly want. By reaching your own agreement on the division of the marital property, you don’t have to follow the rules of the court. You can divide the property however you deem appropriate.

Understanding uncontested divorce and property division is important for any couple that has filed for divorce. You want to make sure what you are doing is in your best interest above anyone else’s. Speak with an experienced attorney before agreeing to anything in writing.