There can be a lot of unexpected steps when filing for a divorce in New York. One of the steps in a divorce is determining if the divorce is “contested” or “uncontested.” The difference between these terms, in short, is whether spouses can work together to reach an agreement or whether they must ultimately litigate their divorce.
If you are unsure if your divorce is contested or uncontested, it may help to learn what these two terms mean.
Working together to make a divorce agreement
An uncontested divorce means that couples have reached an agreement together that covers all of the major marital matters. For example, spouses can negotiate an asset division agreement that splits the house, car and other valuable assets equitably. If there are children involved, spouses may also need to devise a child custody and spousal support agreement.
A judge must review the agreement to help ensure the terms of the uncontested divorce are not unfair to one spouse. However, an uncontested divorce is generally the most cost-effective and fastest option for a divorce. Furthermore, spouses retain more autonomy over their own futures when they choose this route.
Going to court for a divorce
If spouses cannot agree on all the terms of their split, then the divorce is considered contested. A contested divorce is much more expensive and time-consuming because of court fees and trials. A contested divorce also takes away each spouse’s control of the divorce agreement. Instead, a judge may review financial records, statements and other evidence before determining asset division, child custody and support and spousal support terms.
A contested divorce does not always end with a favorable outcome. Professional legal guidance can help spouses negotiate the terms of a divorce or represent a spouse in court.
