As far as the legal result for you, the divorcé(e), there are different avenues of divorce: but one divorce will always have the same legal effect as any other. We do typically classify divorces as either contested and uncontested, and while they bear the same legal result, the former will be much longer and more expensive.
Different Avenues of Divorce | Uncontested Divorce
In an uncontested divorce, there is no conflict: you and your spouse agree on all of the issues pertaining to the divorce. To obtain an “uncontested” divorce, you must draft and sign an agreement and file it with other necessary court documents before the judge will grant your divorce.
If you have good reason to believe that you and your spouse can agree on the terms of an uncontested divorce, you could save a lot of money in legal fees. To explore an inexpensive and efficient method of filing for an uncontested divorce, visit www.NYDivorceNow.com.
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Different Avenues of Divorce | Legal Separation
You do not need a separation agreement to obtain a no-fault or uncontested divorce, but, one year after filing the separation agreement, either spouse may use that document to request a no-fault divorce.
Legal separation:
- Provides spouses with time apart, to decide whether divorce is appropriate.
- Allows spouses to remain covered under family health plans.
- Provides a remedy to marital discord for people whose religious views reject divorce.
- May permit military spouses to remain married long enough to qualify for benefits under the Uniformed Services Former Spouse Protection Act.
- May allow spouses to remain married for the 10 years or more necessary to qualify for certain Social Security benefits.
- Allows a spouse to file for New York no-fault divorce after a year of separation.
Different Avenues of Divorce | Contested Divorce
Most divorces are contested, meaning the parties do not agree on all of the issues that they need to resolve before a court will grant a divorce. Broadly, these are the basis for the divorce, the division of assets, alimony, child custody, and child support.
If you are worried that you will end up in a legal battle with your spouse, please call our experienced Saratoga divorce attorneys today.
