What to Know About Contested and Uncontested Divorce in New York

What to Know About Contested and Uncontested Divorce in New York

The process of a divorce can be complex and overwhelming. The way a divorce goes depends strongly on both parties and whether or not they are able to come to an agreement regarding the terms of their divorce. Depending on if they have or not, they will either be in a contested or an uncontested divorce. Do not hesitate to contact our skilled New York divorce attorneys if you are going through a divorce. The Pollack Law Firm, P.C., is dedicated to ensuring that you and your family are best protected.

What is contested divorce?

If both spouses are not able to come to an agreement on their marital issues, then they are in a contested divorce. In this case, neither spouse will sign an agreement for the terms of their separation, which leaves many issues unresolved. In this type of divorce, a judge will need to be appointed to settle the disagreements between the couple. Most commonly, contested divorce issues involve topics like child support, child custody, division of assets, and alimony.

With a contested divorce, a spouse is able to cite “fault” or “no-fault” grounds before the proceeding begins. When no-fault grounds are ordered, neither spouse puts is putting blame on the other for the end of their marriage. If this occurs, the couple will begin their divorce proceedings. In contrast, if a spouse cites fault grounds, they are holding their partner’s actions responsible 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?

This takes place when both spouses agree upon the fact their marriage is unfixable and they agree to the stipulations of their divorce. An uncontested 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 commonly known as an “Irretrievable Breakdown of Marriage.” There are two types of irretrievable breakdowns:

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

Uncontested divorces provide both people the option of which system they would like to use for their divorce. For example, they may choose mediation, arbitration, or collaborative divorce instead of litigation. These choices are all voluntary but can be more efficient and preferred both with time and finances for each party and their families.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 342-3575.

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