Difference Between an Uncontested and Contested Divorce

Divorce is complicated. There are different types of divorces, each coming with its own set of issues. In New York, you may have a contested or uncontested divorce. Understanding the details of each type is crucial so you can make an educated decision about your divorce.

Facing a divorce can feel overwhelming, especially when there are issues that you have difficulty agreeing about. A New York divorce lawyer can offer you guidance through this difficult time. Your experienced divorce attorney will have an understanding of issues that may not have even occurred to you to broach. So, whether your divorce is contested or uncontested, it can be helpful to seek legal advice.

Contested Divorce

If both spouses cannot agree on issues related to the divorce, they may have a contested divorce. Some of these issues are as follows:

• Grounds for the divorce can be contested if they are not agreed upon. The reason for the divorce could be abandonment, adultery, cruelty, or other reasons, but if the couple cannot agree on the reason, it is a contested issue.
• Distribution of assets and debts in a divorce can be difficult. It can become a contested issue when the parties cannot agree on the disbursement.
• Child custody and visitation plans can cause the divorce to be a contested one if the parents cannot agree.
• Child support is another issue the parents may disagree about, thus causing the divorce to be contested.
• Spousal support sometimes referred to as alimony, can cause contention. If the partners disagree on the terms, it can become a contested issue.

Contested divorces must have court intervention to make decisions on the disputed issues. These divorces can be expensive and can take much longer to settle than uncontested divorces. Both partners need to have attorneys present their side of the story to the court.

Uncontested Divorce

When both parties agree to the details of the divorce, they can proceed with an uncontested divorce. Some of the issues that must be agreed upon are as follows:

• Grounds for the divorce
• Distribution of assets and division of debts
• Child custody and visitation plans
• Child support
• Alimony, spousal support

In an uncontested divorce, each partner signs the settlement agreement outlining the details of the divorce. The court will review the agreement to make sure it meets the state’s legal requirements. If it does, it will be approved.

Why You May Choose an Uncontested Divorce

The benefits of an uncontested divorce are listed below:

• Less expensive than contested divorces because they spend less time in the courtroom.
• Uncontested divorces are not as time-consuming since there is no waiting for the court to decide on contested issues.
• There is less stress and anxiety when going through an uncontested divorce since things are amicable enough to avoid court.

An uncontested divorce requires communication, and both parties have to be willing to compromise.

Contact Us for Your New York Divorce Case

Whether your divorce is contested or uncontested, it is helpful to consult with a skilled divorce lawyer. Your New York divorce attorney from The Law Office of Vivien F. Stark, P.A., understands your goals and can help you strategize the best way to achieve a beneficial outcome.