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
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.