Contested vs Uncontested Divorce: What Is the Difference? by Ryan Besinque, Divorce Attorney
Are you considering a divorce in New York City and feeling overwhelmed by the process? Understanding the differences between contested and uncontested divorces can help you make informed decisions during this challenging time. In this video, Ryan Besinque, a top-rated New York City divorce attorney, provides clear insights to help you navigate your options.
The Law Office of Ryan Besinque
115 W 25th St 4th floor, New York, NY 10001, United States
(929) 251-4477
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At The Law Office of Ryan Besinque, we recognize that each divorce case is unique. While some couples can amicably resolve their differences, others may face more emotionally charged situations. In New York, divorce laws categorize divorces into two types: contested and uncontested. The type of divorce you pursue depends on whether you and your spouse can agree on major concerns without requiring court intervention.
In simple terms, an uncontested divorce is one where the couple agrees on the major concerns of their separation and requires minimal court intervention. Conversely, a contested divorce occurs when the couple has one or more points of contention regarding the terms of their marriage's dissolution. These disagreements often involve asset and liability distribution, child custody and support, and alimony or spousal support. When couples cannot reach a consensus through mediation or negotiation, the court must intervene, and the case undergoes divorce litigation.
A contested divorce can also happen if one spouse does not want the divorce to proceed. Additionally, an initially uncontested divorce may become contested as the couple navigates the separation. In such cases, the couple must present their cases before a judge, who will determine the aspects of the divorce on their behalf.
There are significant differences between contested and uncontested divorces beyond the couple's ability to cooperate. Divorce litigation typically requires more legal assistance due to the number of hearings, depositions, and legal procedures involved in obtaining a court decree. Additionally, agreements from uncontested divorce negotiations or mediations are generally unappealable once a judge has issued a judgment of divorce, as the couple has mutually agreed to the terms. In contrast, judgments in contested divorces are more often appealable because they result from judicial determinations.
In New York, an uncontested divorce can take anywhere from three to six months, depending on how quickly the settlement agreement is drafted and the duration of mediation. Factors such as the presence of children and complex assets can prolong the process. Contested divorces, due to court backlogs, can take longer—typically nine months to a year or more, especially if the grounds involve serious issues like domestic violence or abuse.
Contested divorces are also more expensive than uncontested ones due to additional court and lawyer fees. An uncontested divorce generally incurs costs related to filing documents, nominal fees for serving divorce papers, and court fees for certifying the judgment order. Consulting a skilled attorney can help you understand the potential costs and navigate the process efficiently.
Divorce can be emotionally taxing, especially in contested cases where communication has broken down. An attorney can serve as an objective advocate, guiding you through the legal processes involved. Professional help through counseling and therapy can also be beneficial, even in uncontested divorces.
At The Law Office of Ryan Besinque, our team of skilled legal professionals is committed to providing competent legal assistance and representation to New York residents going through a divorce. We strive to achieve the best possible outcomes for our clients while minimizing the emotional impact. Contact us today at (929) 251-4477 to schedule a consultation and take the first step toward resolving your divorce matters.
What is the difference between contested and uncontested divorce in NYC?
What happens in a contested divorce in NY?
Do I have to go to court for uncontested divorce in NY?
How long does it take for an uncontested divorce to be final in NY?
