Legal Question in Family Law in New York

Im getting divorced but theres no hard feeling and we mutually agree on everything (property/custody ect...) do we still have to go to court and have a judge decide?

Also can the judge turn down or change what we both decide?

Asked on 6/22/13, 5:18 pm

2 Answers from Attorneys

Jordan Trager Wisselman, Harounian & Associates, P.C.

No you can have a lawyer prepare a divorce packet for an uncontested divorce. This will include a settlement agreement which states in detail everything that you have agreed upon.

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Answered on 6/24/13, 6:42 am
Paula McGill Attorney at Law

Yes, the court can change the following as noted in the NY instruction packet:

If you are asking for maintenance, custody, visitation, or distribution of property, the court may require a hearing, even if there is a prior court order or a prior agreement between you and your spouse. If there is no prior court order or agreement, you and your spouse can try to settle these issues by signing a written agreement , but any agreement with your spouse is subject to judicial approval prior to the court issuing a Judgment or an order incorporating the parties' agreement. Prior to making a decision about approval of the agreement, the court may also require a hearing. The court will notify you and your spouse to appear, if a hearing is required.

Read more at www.nycourts.gov/divorce/pdfs/Divorce-Packet-Instructions.pdf

Also licensed and practicing in NY

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Answered on 6/25/13, 4:53 pm


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