Know the difference between a contested and uncontested divorce
When a New York couple decides to divorce, the case will hinge on the circumstances. In some instances, the couple is on relatively good terms, there are few issues in dispute and they simply want to move on. In others, they are not on the same page, there are children involved, they have significant property and need to go to court to settle the matter.
In these circumstances, they must decide whether a contested or uncontested divorce is the right strategy for them.
Recognizing the differences between contested and uncontested divorce
An uncontested divorce can only be used if certain factors are in place. In general, this means the parties are in fundamental agreement over the outstanding issues in the case. The sides want to end the marriage; they have agreed on how to divide property and debt; they have no children younger than 21; and their marriage has for all intents and purposes been “over” for a minimum of six months and there is no chance at reconciliation.
Since most divorces take an extended amount of time to settle because of child custody, spousal support, property division, child support and more, they will not be easily settled and are not likely to be eligible to use an uncontested process. However, some people are amicable and realize it is easier to just move on. These couples can consider an uncontested divorce.
With a contested divorce, the situation is much different. In some cases, one person wants the divorce while the other strives to save the marriage. There are grounds for divorce that can be cited. While most might cite irreconcilable differences and that the marriage is irretrievably broken, not everyone will use such a simple strategy. There might have been infidelity, abuse, addiction, abandonment or a legal separation. These are some of the grounds for divorce that can be referenced in a contested case.
Children can be caught in the middle of a divorce case with each side wanting custody and maximizing time with the child. Child support is another challenge that will need to be addressed. If any of these obstacles are part of the case, then a contested divorce is the likeliest scenario.
People should be prepared for a family law case
No matter the relationship between the parties, it is wise to know how to proceed and be fully shielded. In some cases where there seem to be overwhelming issues that cannot be bridged, there might be room for negotiation to avoid a long and costly divorce case. In others, there is no chance at an amicable resolution and it is necessary to go to court. To understand the law and how these cases are handled, it is important to be protected from the start. This can give a gauge for what to expect and help with reaching an acceptable resolution.