Contested vs. Uncontested Divorce Explained

Every New York divorce is unique, but they all fall into one of two categories: contested and uncontested. Below is an overview of each type’s principal differences and how a New York family law attorney can help you navigate either one.

Contested Divorce

A contested divorce is one in which you and your spouse cannot reach an agreement on one or more important terms. While these proceedings are popularly regarded as bitter and drawn-out court battles, this is the exception instead of the rule. Even if you agree on everything else, a divorce automatically becomes contested when you are unable to reach a consensus on key issues like the following:

  • Child custody and visitation
  • Child support
  • Spousal maintenance
  • Division of marital assets and debts

Even if litigation is necessary, it doesn’t have to be a high-conflict situation. Choosing to seek the counsel of a New York family law attorney will only be to your benefit. This will ensure you receive what you need financially to build a new and independent life. An attorney will be the one properly advocating on your behalf should you have any reason to believe that your spouse is hiding property.

Uncontested Divorce

An uncontested divorce occurs when a couple agrees on all of the important issues involved in the termination of the marriage. These divorces are comparatively straightforward, so some couples try to keep costs down by forgoing legal counsel. However, you should still strongly consider hiring an attorney even if the divorce is uncontested. An experienced New York family lawyer will complete and file all necessary paperwork, make sure that your interests are fairly represented, and help you do the following:

  • Negotiate a child custody agreement that gives you maximum time with your children.
  • Put together a fair and reasonable spousal maintenance agreement if you or your spouse request support.
  • Receive your fair share of the marital estate. Your attorney is in the best position to advise you of any tax implications after the property has been divided.

Talk to a New York Divorce Attorney Today

Some divorces are easily accomplished, while others take more time and effort to work out, especially if uncontested proceedings suddenly become contested. Take the stress and worry out of this difficult time and hire an attorney.

At Drucker & Mattia, we will help you prepare and file the original petition for divorce, represent you during negotiations, and even fight for your rights at trial if necessary. To schedule a consultation, please call 718-458-2312.

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Drucker & Mattia PLLC

When you’re facing legal issues or pursuing a lawsuit, skilled legal counsel makes a big difference. At Drucker & Mattia, PLLC, we specialize in a wide range of legal areas to meet the needs of a diverse client base.

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