Uncontested vs. Contested Divorce in New York Which Is Right for You?

Going through a divorce can be one of the most emotionally challenging experiences of your life. Whether you are in the early stages of the process or have already made up your mind to end your marriage, you may feel overwhelmed by the many decisions ahead. If you’re here, chances are you’re looking for guidance on how to proceed with your divorce in New York. It’s normal to feel confused and worried about how things will unfold, but we want you to know that you’re not alone in this process.

Jean M.
Mahserjian, Esq.

Ashley
Mahserjian, Esq.

The path you choose, whether uncontested or contested, will have a significant impact on how your divorce proceeds, how long it takes, and how much it costs. Understanding the difference between these two types of divorce is crucial in making the right choice for your situation. This blog will explain what each type of divorce means and help you decide which option is best for you.

What is an Uncontested Divorce?

An uncontested divorce is when both spouses agree on all of the important issues that need to be resolved during the divorce process. These issues typically include child custody, child support, alimony, division of property, and debts. In an uncontested divorce, both parties work together to create an agreement without the need for a court trial. The goal is to reach an amicable settlement that benefits everyone involved. In New York, uncontested divorces are often the quickest and least expensive option. Since both parties agree on the terms, there is no need for a trial or extended legal battles. Instead, the spouses can simply submit the necessary paperwork to the court, and the judge will review the documents to ensure everything is in order. Once the judge approves the agreement, the divorce is finalized. One of the main advantages of an uncontested divorce is that it allows you to maintain control over the outcome. Instead of relying on a judge to make decisions for you, you and your spouse can negotiate terms that work for both of you. This can be especially important if you have children and want to create a co-parenting arrangement that is in their best interest. However, an uncontested divorce may not be an option if you and your spouse cannot agree on the terms of your divorce. If you are unable to reach an agreement on any of the issues, you will need to consider a contested divorce.

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What is a Contested Divorce?

A contested divorce occurs when spouses are unable to reach an agreement on one or more important issues related to their divorce. In these cases, the spouses may be at odds over matters like child custody, property division, spousal support, or debt distribution. When this happens, the divorce process becomes more complex, and a judge must intervene to make decisions on behalf of the couple. In a contested divorce, both parties may file legal documents and make their case in front of a judge. The court will evaluate the arguments and evidence presented by both sides and make a final decision. This often involves a series of hearings, negotiations, and, in some cases, a trial. As a result, contested divorces tend to take longer and can be significantly more expensive than uncontested divorces. One of the main challenges of a contested divorce is that both spouses may feel as though they are “fighting” against one another. This can create a lot of stress and tension, especially if the couple has children. In some cases, the negative emotions involved in a contested divorce can impact the ability to co-parent effectively after the divorce is finalized. However, a contested divorce may be necessary if there are significant disagreements between spouses that cannot be resolved through negotiation. In situations where one spouse is unwilling to cooperate or where there are complex financial or custodial issues to address, a contested divorce may be the only way to ensure that both parties’ rights are protected.

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Factors to Consider When Deciding Between Uncontested and Contested Divorce

When deciding whether an uncontested or contested divorce is right for you, there are several factors you should consider. One of the most important is the level of communication between you and your spouse. If both parties are willing to negotiate and work together, an uncontested divorce may be the best option. This can save you time, money, and emotional stress in the long run. However, if you and your spouse are unable to communicate effectively or are facing serious disagreements over key issues, a contested divorce may be necessary. It’s also important to consider whether there are any significant financial or custodial matters that need to be resolved. If you or your spouse have concerns about how assets or children will be divided, it may be better to have a judge decide rather than trying to reach an agreement on your own. Another factor to consider is the level of control you want to have over the outcome of your divorce. In an uncontested divorce, you have more control over the terms of the agreement. You can negotiate the division of assets, custody arrangements, and other important issues without the involvement of a judge. On the other hand, in a contested divorce, the judge will make decisions for you. While this can sometimes be beneficial, it also means you may not get everything you want. The emotional toll of a contested divorce can also be a consideration. If you’re already going through a difficult time, adding the stress of a contentious legal battle can make the situation even harder. If you can work with your spouse to reach an agreement, an uncontested divorce may allow you to move on more quickly and with less emotional strain.

How Can a Divorce Attorney Help?

Divorce cases, whether uncontested or contested, can be complicated. A skilled divorce attorney can help you understand your rights and options and guide you through the legal process. If you’re considering an uncontested divorce, an attorney can help ensure that all necessary paperwork is completed correctly and that your agreement is fair and legally sound. If you’re facing a contested divorce, having an attorney by your side is even more important. A lawyer can help you navigate the complexities of the case, advocate on your behalf, and protect your interests throughout the process. A divorce attorney can also help you negotiate a settlement or prepare for trial if necessary.

Choosing the Right Path for You

Ultimately, the decision between an uncontested or contested divorce depends on your individual circumstances. If both you and your spouse can communicate effectively and are willing to negotiate, an uncontested divorce may be the best option. It can save time, money, and emotional energy. However, if there are significant disagreements or complex issues that need to be resolved, a contested divorce may be the better choice. If you’re unsure which path is right for you, it’s always a good idea to consult with an experienced attorney. At Mahserjian & Mahserjian-Ortiz, PLLC, we understand how difficult divorce can be, and we’re here to help you navigate the process. Whether you’re considering an uncontested divorce or need assistance with a contested case, we can provide the guidance and support you need to achieve the best possible outcome for your case. Divorce is never easy, but with the right legal help, you can move forward with confidence. Reach out to us today to discuss your options and get the support you need to make the right decisions for your future.

To learn more about this subject click here: Key Differences Between Contested and Uncontested Divorce in NY