prenuptial agreement NYAccording to one lawyer, there is a growing popularity of more detailed prenuptial agreement NY in which everything is spelled out, right down to who walks the dog and what religion the family will be. Some of the things on the prenuptial agreement may seem a little silly – the husband shall take out the garbage on Tuesdays and Thursdays – or they may be important, such as – in the case of our divorce, the wife shall have sole ownership of the lake house, including all its living room furniture, at the lake. The courts are not laughing about any of this, they think it’s great that people are sitting down before they get married, which is a contractual agreement in the court’s eyes, and actually figuring out what they might do in the event of something going wrong, like a divorce.

There are regular divorces in which people fight over everything from custody of the children to whom gets the ugly painting Aunt Sarah gave them as a wedding present so many years ago. There are uncontested divorces and ‘no fault’ divorces. Uncontested divorces are different than no fault divorces in which no one claims ‘fault’ for whatever caused the marriage to dissolve. An uncontested divorce is when the two parties agree to not argue or fight over things like money or other assets or child custody and someone’s name, either the husband or the wife’s name, is listed as the petitioner for the divorce, which doesn’t exactly mean the other party is at fault. It simply means that one party is requesting a divorce from the other party whereas a NY no fault divorce the couple is mutually asking for a separation and then a divorce and have worked out anything that needs attention such as money matters or child custody.

Uncontested divorces are on the rise because many people can not afford to pay a separate attorney so the husband and wife will seek the services of the same lawyer for an uncontested divorce. Both parties come together to separate and then move forward to a divorce. A separation or legal separation is often required in many states before a divorce will be granted, this is like a ‘cooling-off’ period although most couple feel they do not need such a period of time.