Uncontested vs. Contested Divorce

If you are unfamiliar with the process of divorce, you may be wondering which type is right for your situation if you and your spouse are considering ending your marriage. Broadly, there are two categories of divorce: contested and uncontested. The difference is exactly as it sounds. With contested divorce there isn't agreement between spouses and with uncontested divorce both spouses agree to the terms of the divorce. A majority of Americans who pursue divorce do so by way of uncontested divorce. Just because a majority of people use that method does not mean that it is appropriate in every case. There are conditions that must be met in order for your divorce to qualify as uncontested and in the event that they are not, then your divorce will likely be considered contested.

Most people want to avoid contested divorce because this type of divorce proceedings happens in court. Court battles are often long, cost more money and cause an excess of unnecessary hostility between both parties. If you want to pursue uncontested divorce on the other hand, the agreements surrounding your divorce will be decided outside of court. Since uncontested divorce sounds so much more favorable, you may be wondering how you can qualify. In order for your divorce to be considered uncontested, you and your spouse must agree on some main issues:

  • Grounds for divorce
  • Child custody (if applicable)
  • Child support (if applicable)
  • Property division

The grounds for divorce in uncontested divorce are typically deemed "irreconcilable differences." This simply means that neither spouse is blaming the other of anything, but rather they are stating that they have grown apart and mutual interests have changes. In the event that a spouse is blaming the other and they do not see eye-to-eye when it comes to these issues, the divorce proceedings will likely need to continue in court as a contested divorce. In this case, the court determines the outcome for both parties. One thing both types of divorce have in common is that in order to file in the state of New York, you must have been a resident for at least one year.

Get Informed by a New York City Divorce Lawyer

If you believe that you can file for uncontested divorce in the state of New York or are unsure of whether or not you qualify, you should contact a New York City divorce lawyer from Eiges & Orgel, PLLC for a case evaluation. Our firm is AV ® rated which testifies to the fact that we can be trusted to handle your divorce proceedings. We have been working together as a firm for more than 30 years. With a history like this you can be confident that our firm is no stranger to uncontested divorce issues.

Contact a New York divorce attorney from Eiges & Orgel, PLLC today if you want more information on uncontested vs. contested divorce.