What is the Difference Between Contested and Uncontested Divorce?

What is the Difference Between Contested and Uncontested Divorce?

Divorces can be overwhelming and complex. They are also heavily dependant on the circumstances of each couple. If you and your spouse have or have not made agreements to the terms of your marriage, you can be in either a contested or uncontested divorce. Contact The Law Office of Peter L. Jameson, PLLC today to learn more about your options. Our experienced New York divorce attorneys are dedicated to helping you through this process.

What is a contested divorce?

When both spouses are incapable of coming to an agreement on their marital issues, they will be working through a contested divorce. In this case, both parties will not sign an agreement for the terms of their divorce, mainly because they cannot conform to them, which leaves many issues unresolved. In this type of divorce, a judge will require to be appointed to analyze each conflict and settle the disagreements between the couple. The most common contested divorce matters involve issues relating to child visitation, child support, child custody, division of assets, and alimony.

If a couple is in a contested divorce, a spouse can cite “fault” or “no-fault” grounds before the proceeding commences. If no-fault grounds are established, neither spouse is putting blame on the other for the end of their marriage. Also, with no-fault grounds, the couple will be able to start their divorce proceedings right away. On the other hand, if a spouse does cite fault grounds, they are holding their partner’s actions liable for their divorce. Fault grounds are usually cited during the following circumstances:

  • Adultery
  • Abandonment
  • Cruel and inhuman treatment
  • Imprisonment for 3 years or more in a row

What is an uncontested divorce?

An uncontested divorce happens when both couples agree that their marriage cannot be adjusted and they are on the same page with the conditions of their divorce. This kind of divorce also means that all marital issues between both parties, including alimony, child custody, child support, child visitation, division of assets, and alimony have been resolved. An uncontested divorce is also generally known as an “Irretrievable Breakdown of Marriage.” There are two varieties of irretrievable breakdowns:

  • 1A Divorce: When both spouses agree on their marital issues.
  • 1B Divorce: When marital issues are left unresolved.

Uncontested divorces positively serve both spouses by giving them the option of which method they would like to use for their divorce. For instance, they may choose mediation, arbitration, or collaborative divorce instead of litigation. These rights are all optional but can be more productive and supported both with time and finances for each person and their family.

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.