Key Differences Between Contested and Uncontested Divorces in New York State
Divorce can be divided into two categories: Contested divorce and uncontested divorce. Understanding the differences between these types of divorce can help you make decisions related to your own divorce process. Essentially, if a couple can agree on all matters related to their divorce, they can proceed with an uncontested divorce. If the couple is disputing elements of the divorce such as equitable distribution of the marital estate, alimony, child custody, or child support, then the divorce is considered contested. In this article, the Rockland County, NY divorce attorneys at the Law Office of Robert S. Sunshine will discuss the major differences between pursuing a divorce uncontested and pursuing a divorce contested.
What is an uncontested divorce in New York State?
An uncontested divorce is when both spouses agree on all the major issues surrounding the dissolution of their marriage. This includes property division, alimony, child custody, and child support. When both parties agree to all these issues, they can proceed with an uncontested divorce.
Requirements for an uncontested divorce
To file for an uncontested divorce, you must meet certain criteria. Specifically, you and your spouse must agree on all issues related to the divorce settlement. The agreement should be documented in a written statement which is later incorporated into the Final Judgment of Divorce.
In addition, both parties must agree on the grounds for the divorce. New York recognizes both fault and no-fault grounds for divorce. Your uncontested divorce must use no-fault grounds such as the “irretrievable breakdown of the marriage,” which simply means that the marriage has been “broken” for at least six months. Neither party needs to prove wrongdoing.
Advantages of an uncontested divorce
Generally speaking, uncontested divorces are faster and cheaper than contested divorces. The couple can save thousands of dollars in attorney and court fees if they present their divorce settlement together. The court will not need to decide any matter related to the divorce and will only ensure that the best interests of the children are met by the divorce agreement. Uncontested divorces also tend to be less stressful than contested divorces.
What is a contested divorce in New York?
When the couple cannot agree on any issue related to their divorce, the divorce is said to be contested. The couple may disagree on how to divide the marital estate. There may be lingering issues related to child custody. One spouse may want alimony, but the other doesn’t want to pay. There may be allegations of misconduct within the marriage such as adultery or abuse.
In addition, a spouse may want to pursue a divorce contested because there was a serious imbalance of power within the relationship. Further, there may be allegations of domestic violence, coercion, or mental illness.
While contested divorces are more costly and take longer, they may be unavoidable in certain circumstances. Your lawyer can help you determine which type of divorce is right for you.
Talk to a Rockland County, NY Family Law Attorney Today
The Law Office of Robert S. Sunshine represents the interests of Rockland County residents who are pursuing a divorce. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
