Contested Divorce vs. Uncontested Divorce
Are you wondering about the differences between contested divorce vs. uncontested divorce in New York State? While they bear the same legal result, the processes for each are very different. If you have questions, please contact our office today to consult with an experienced Albany family law attorney.
A contested divorce is, obviously, the opposite of an uncontested divorce. The two parties are not in amicable agreement about the terms or reasons for divorce, and instead would rather dispute it in court or with an attorney. Most divorces are contested, meaning the parties do not agree on all the issues that they need to resolve before a court will grant them legal separation.
Historically, one could only obtain a divorce in New York State because of some demonstrable fault on behalf of one party. These grounds for a “fault” divorce included abandonment, imprisonment, cruel and inhuman treatment, and adultery. All states in the Union now recognize some form of “no-fault” divorce, meaning that the relationship between spouses has broken down and remained essentially unfixable for at least six months prior to one party filing. In 2010, the New York State Legislature added a provision for “no-fault” divorce. This has done much to reduce litigation in the state. Most litigants and attorneys now choose to file for divorce on a no-fault basis. There is a much lower burden of proof: the claim need rest only on one party’s sworn statement that the relationship has deteriorated.
In an uncontested divorce, there is no conflict. Basically, you and your spouse agree on all the issues pertaining to the divorce, such as division of assets, spousal support, and child custody arrangements (if applicable). However, the court will also help determine the specifics. To obtain an “uncontested” divorce, you must first draft and then sign an agreement, then 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.
Contact an Experienced New York Divorce Attorney
If you are seeking divorce, please contact our experienced Saratoga divorce attorneys today. At Jean M. Mahserjian, Esq., P.C., our clients come to us with a variety of questions and concerns, reflecting their unique circumstances. Though these concerns can be broadly categorized, we know that the solutions are found in the particulars. That’s why our experienced Saratoga divorce attorneys work closely and collaboratively with you to identify and prioritize your goals ― and formulate a strategy for achieving them.