Uncontested Divorce With Children

In the state of New York, an uncontested divorce with children is the label used for a divorce in which the divorcing couple have reached a compromise on the divorce settlement. When two people decide to file for divorce, a certain amount of legal matters exist that will need to be settled. The most important matter is almost always the children of the relationship, if there are children involved. A large amount of divorces run into difficulties when arrangements regarding children are discussed, and uncontested divorce with children is a label that applies to a situation where both parents have already come to agreement on the main issues concerning the the children’s daily lives. For example the custody of the children will need to be decided and it is necessary to determine which spouse will be appointed as the custodial parent. The financial magnitude of child support which is owed by the other parent must be officially determined also. Health insurance payments for each child under the age of twenty-one will also have to be settled. In all divorces in New York, there can be a variety of problems concerning the future of the non-custodial parent that must be legally determined, in conjunction with the responsibilities of the custodial parent in relation to their former spouse. For example some divorce settlements contain clauses which relate to the physical condition of the children. If a child becomes sick, experiences an injury, or otherwise requires emergency assistance, the divorce settlement may often stipulate that it fall to the custodial parent to instantly tell the other parent. Often there is an additional aspect of the settlement that states that the custodial parent is obliged to discuss with the noncustodial parent any problems in relation to the education and welfare of the child. Many uncontested divorce with children settlements, and most contested divorce settlements, contain a clause that ensures that both parents must always promote the child or children’s respect for the other parent. They should also not make harmful comments regarding their former partner to the children. New York divorce lawyers are best to consult . An uncontested divorce with children in New York may not be granted without question by the courts. The custody agreement can be subverted in a situation where the courts determines that this is more to the children’s benefit. For example, once the case has been examined and once a clinical assessment has been conducted by child psychologists, the divorce court may come to the conclusion that the other spouse should be deemed the custodial parent. It is due to this power of the courts that an uncontested divorce with children settlement is not guaranteed to be accepted, and may be adjusted by the court.