How Is a Contested Divorce Different from an Uncontested Divorce?

The process of a contested and uncontested divorce looks different for every family. If you are considering a divorce in New York, call a trusted and dedicated Nassau County divorce attorney. If you would like to learn more about the differences between a contested and uncontested divorce in the state of New York, please read on.

What is the Difference Between an Uncontested and a Contested Divorce?

The difference between a contested and uncontested divorce is that, in an uncontested divorce, the spouses agree on all of the terms that will apply to the termination of their marriage. In a contested divorce both parties cannot reach a collaborative agreement on all major issues relevant to the divorce. In an uncontested divorce, you may never have to appear in court, but if you have a contested divorce there will be several court appearances.

What Does A Contested Divorce Look Like in NY?

In a contested divorce both parties cannot agree on all of the terms. The process of a contested divorce is a lot longer and costs a substantial amount more than if you have an uncontested divorce. The process begins when one spouse files divorce documents with the court for the termination of their marriage, also known as a petition for divorce. Once this is done, the documents are served to the other spouse. This is the first notice you are giving to the other spouse which initiates the divorce process. The served spouse has 20-30 days to respond to the served documents. Then both parties will have to make appearances in court to dispute all divorce-related issues. This process can take up to a year or more. During these hearings, spouses and their attorneys will dispute all major issues at hand, such as child custody, child support, property distribution, and more. Ultimately, the outcome of a litigated divorce will be decided by a judge.

Can my Uncontested Divorce Turn Into a Contested Divorce?

It is common for uncontested divorces to turn into contested divorces. It is generally hard for both parties to agree on all major issues at hand. If your divorce has changed from uncontested to a contested divorce, hire a Nassau County contested divorce attorney who can help you through the divorce process.