What is the Difference Between a Contested and Uncontested Divorce?
When couples go through a divorce, it is often a complicated and tiring process. The proceedings require patience and a lot of decision making in order to determine the arrangements that are necessary for a divorce. Depending on if spouses are able to reach an agreement, the proceedings may vary. Different types of divorce make it possible for couples to work through these matters in a way that suits their personal situation. In New York, the two main types of divorce are a contested divorce and an uncontested divorce. If you are going through a divorce, an experienced attorney can guide you through the proceedings.
A contested divorce is when spouses cannot come to an agreement on the terms of their divorce. This happens when neither spouse signs an agreement on their terms of separation, leaving these matters unsolved. In the event of this, a judge is appointed to make these decisions to resolve the couple’s disagreements. This may include decisions regarding child support, custody, the division of assets, and alimony.
In a contested divorce, a spouse can cite either “fault” or “no-fault” grounds. When a spouse cites no-fault grounds, it means neither of them is holding the other responsible for the end of their marriage. This allows the proceedings to begin. When fault grounds is cited, it means one spouse is holding the other responsible for their divorce. This may be because of one of the following situations:
- Cruel and inhuman treatment
- Imprisonment for 3 years or more in a row
An uncontested divorce is when both spouses believe their marriage is unfixable and agree to the terms of their divorce. This is also known as an “Irretrievable Breakdown of Marriage.” When this is the case, a couple is required to resolve all marital issues. This pertains to matters such as alimony, child custody and support, parenting time, division of assets, and any payment of debts.
In the event of an uncontested divorce, spouses can choose a method of divorce instead of litigation. Alternative methods may consist of mediation, arbitration, or collaborative divorce. While these are voluntary processes, they are usually beneficial for all parties involved in the divorce.
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If you or someone you know is going through a divorce and wishes to seek legal counsel, contact the Law Office of Peter L. Jameson, PLLC. today.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.