Some married couples who have decided to split can drag disagreements into long divorce negotiations. However, many New York couples choose an uncontested divorce by seeking the easiest and swiftest path to personal freedom.
The marriage partners who desire the smoothest possible transition from marriage to singlehood do not always choose mediated or collaborative divorce. Many are too stressed during the end of the marriage to consider the back-and-forth compromises required in high-contact divorce meetings.
Some couples simply hope for an efficient breakup without prolonged dealings with an ex-spouse. Couples in this situation sometimes outline a divorce settlement before seeking legal help and depend upon attorneys to make sure the deal is fair. Advisors suggest this is wise. Spouses may not understand the rules attached to the division of two lives, especially the separation of assets like real estate holdings and retirement pensions.
Emotions often play a large role in decision-making during divorce. Objective legal counsel can help two people streamline their divorce without jeopardizing the futures of the ex-partners and their children.
Couples in search of a fast-but-fair divorce sometimes want to avoid extended negotiations to spare children excessive hardships. The plan can be a good one, if the design is for spouses to move toward agreeable post-marriage co-parenting.
Some divorcing spouses want to reduce the chances of legal conflicts by having only one partner hire an attorney. While it is against the Rules of Professional Conduct for lawyers to represent both sides in a divorce, courts are sensitive to the rights of spouses without legal representation in divorce proceedings.
When it comes down to it, however, a person may want to consider hiring their own lawyer to review the divorce settlement for fairness, even if the attorney is not in the courtroom at the time of a judge's review. It's important to make sure that all the details are in order so nothing unexpected comes up in the future.
Source: The Huffington Post, "What Is A 'Surgical Divorce' And How To Get One," Laurie Israel, May 3, 2012