What is a contested divorce versus an uncontested divorce?

On Behalf of | Oct 14, 2020 | Divorce |

Many people in New York have stories to tell of friends or loved ones going through a messy divorce. They may even find themselves facing a divorce that is heated and acrimonious. However, what if a couple is generally in agreement on how they want their marriage to end? In this case, it may be possible to seek an uncontested divorce versus a contested divorce.

What is an uncontested divorce?

An uncontested divorce is one in which both spouses agree that they want to get a divorce and they have reached an agreement on all divorce legal issues regarding their children, finances and property after the divorce. While there is DIY program for those who want an uncontested divorce, have been separated for at least six months, have no children under 21-years-old and have reached a settlement on marital assets and debts, it is generally advisable to seek an attorney’s assistance even in an uncontested divorce, to ensure your rights are protected.

What is a contested divorce?

A contested divorce is one in which either one party or the other does not want to get a divorce, if the parties disagree on the grounds for the divorce, or if the parties have been unable to reach an agreement on divorce legal issues regarding their children, finances and property after the divorce. Generally, there will be multiple Supreme Court appearances in a contested divorce. Those who find themselves facing a contested divorce may find it necessary to seek legal advice, to ensure they understand the divorce process and to protect their rights.

No divorce is necessarily “easy”

Most people — even those who are in an uncontested divorce — find the divorce process to be easy. There is a lot of legal aspects to divorce that you may be unfamiliar with, and even amicable divorces can be emotionally challenging. Ultimately, whether you are seeking an uncontested divorce, or you find yourself in a contested divorce, you will want to seek the assistance needed to understand the divorce process, along with your rights and options.


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