A divorce is considered contested if either you or your spouse do not want a divorce, disagree about the legal grounds for the divorce, or disagree about what will happen with your children, your finances, or your property after the divorce.
Contested divorces generally necessitate the court to decide issues that you and your spouse disagree about. Because the judge presiding over your case will require detailed information to decide the issues you disagree about, your contested divorce will require you and your spouse to go to Court numerous times. A contested divorce can be very expensive because attorneys are typically paid by the hour. In addition, these types of divorces can be very stressful for the parties involved, and the process can take months or even years to resolve.
Conversely, a divorce is considered uncontested if two factors are met. First, you and your spouse both want to get a divorce. Second, both you and your spouse agree about what will happen with your children, your finances, and your property after divorce.
An uncontested divorce provides a few advantages. An uncontested divorce is relatively inexpensive, less stressful on the parties, and typically can be resolved within several months.
A contested divorce requires the assistance of experienced trial counsel. An uncontested divorce requires an attorney with experience to ensure that the agreement reached between the parties is fair, equitable, and addresses all of the major issues. In all cases, it is important to have an attorney that is sensitive to a client’s situation, and one that can provide reassuring and competent counsel.
Our offices have more than 20 years experience in handling divorce cases. In addition, Ms. Pelaez has been appointed by the Chief Family Court Judge to serve as a Law Guardian and assigned counsel in Family Court and Divorce cases.
For more information about divorce, both contested and uncontested, contact an experienced New York family law attorney McGuire & Pelaez P.C. today at (631) 348-1702, or email us at ,info@McGuirePelaez.com.
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Wow, I had no idea that a contested divorce means that you and your ex could just disagree about how finances and child custody will be split. I thought that it meant that one party doesn’t agree with the divorce, while the other does. However, I am not sure how common that kind of thing is.
Having an uncontested divorce seems like it would be so much better for the kids. Less stress on the spouses and will be a much faster process.
Before reading this article I had no idea what the difference between contested and uncontested divorce was. I can see why you would want an attorney either way because I am sure it is difficult to sort things out either way. I really like what was said about how uncontested divorces are less stressful as well.
My uncle has been having trouble with his wife and I want to help him get out of that relationship. I had no idea that there’s an uncontested divorce option, where both parties agree with every factor provided by their respective lawyers. I should recommend that hiring a divorce lawyer can help him free himself from that relationship.
Thanks for helping me understand the difference between contested and uncontested divorce. I’ve been watching a couple of court-related series lately and I got curious about this topic. I had no idea that an uncontested divorce is where both parties accept each other’s agreements, which in turn will make a divorce hassle-free. I should share this with my uncle since he already has an understanding with her wife regarding divorce.
Very well written on Contested and an Uncontested Divorce.
Thanks for the share.