Can uncontested divorces become contested?

Can uncontested divorces become contested?

When filing for divorce, a spouse will claim a fault ground or refrain from claiming a fault ground. If they claim a fault ground when filing the divorce papers, this can lead to a contested divorce. However, if they refrain from claiming a fault ground, this can lead to an uncontested divorce. An uncontested divorce has the ability to be sorted out without the involvement of litigation. This can prove to be less stressful for couples and possibly less time-consuming as well.

An uncontested divorce can include the process of divorce mediation where couples will meet with a mediator to decide on resolutions for their marital issues. These marital issues can include alimony, the division of assets, child support, child custody arrangements and more. Mediation encourages spouses to work together to decide on marital issues and reach these decisions in a cooperative manner to avoid court proceedings.

A divorce can become contested if the couple is not cooperating in divorce mediation in their original uncontested divorce. If spouses find it difficult to cooperate with one another during mediation sessions, they may find it impossible to make decisions with one another and finish the process. This can cause them to contest their divorce instead to have a judge make decisions for marital issues. They may also wish to enter litigation if they are not satisfied with the decisions that are being made in mediation.

Does mediation include attorneys?

When spouses attend divorce mediation, they can set a schedule for sessions. During this process, they go at their own pace, which can prove to be more beneficial for them since they are in no rush. This process also allows them to bring their attorneys to mediation sessions. With their attorneys at their sides, they may be more confident that they are making good decisions along with their spouse. Mediation allows them to work with one another so that their decisions do not have to be decided by a judge in court. If they were to enter into court proceedings, they may not get as desirable resolutions to their marital issues. By maintaining control of their issues in mediation, it can lead to more satisfying results.

The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.

Read Our Latest Blog Posts

  •  Can Children Express Preference in New York Custody Proceedings?
  •  What Should My Prenuptial Agreement Cover?
  •  Is Daycare Included in Child Support in New York?