Uncontested vs. Contested Divorce in New York

Regardless of the kind of divorce you're headed towards, there are several key issues that you and your spouse will need to settle before it's final. The way that these issues are handled makes a divorce either contested or uncontested – essentially, rife with conflict or not.

Sometimes, couples attempt to work together but find that there are conflicts brewing beneath the surface and are compelled to get the court involved. While neither divorce style is inherently bad, there are a few advantages to be had in those that are uncontested.

When is a divorce uncontested?

A divorce is uncontested when couples are able to agree on things, namely property division, child support and custody, and marital support. Such a divorce is often referred to as a simple divorce and doesn't require the participation of the court.

Uncontested divorces are advantageous in that they are generally resolved quicker and for far less money. Unlike those that are contested, each spouse holds more control over the final outcome and the couple is more likely to remain amicable after the divorce.

When is a divorce contested?

Contested sounds similar to what it actually is – spouses working against one another for the same end goals, like a competition. And while it doesn't have to mean that knockdown, drag-out fights are occurring, it does mean that spouses cannot settle on satisfactory terms.

If both spouses can't work together, they usually end up in court. The court then reviews their case and will make as fair of decisions as possible. Many contested divorces take months to settle, racking up quite the expensive bill.

In the end, it comes down to what is best for you and your spouse. If you can resolve your issues together, great! For many, however, it is simply not possible. At our firm, we have helped countless clients achieve a successful outcome in both contested and uncontested divorces.

Contact our New York City divorce lawyer today to learn more!

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