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Contested vs. Uncontested Divorce: The Differences

There are two types of divorce in New York: contested and uncontested. In a contested divorce, the parties cannot agree on the terms of the settlement, and so the case goes to court. In an uncontested divorce, both parties have already agreed on all the terms, and the divorce can be finalized without going to court. Which type is right for you? Read on to learn more about each type of divorce and decide which is best for your situation.

Contested Divorce Explained

In a contested divorce, the parties will have court appearances and the court will make all final decisions regarding the terms of the divorce unless the parties reach an agreement prior to trial. This includes decisions about child custody, property division, support, and any other issues the parties cannot agree on.

Contested divorces can be very expensive and time-consuming, as they generally require both parties to hire attorneys to navigate the court process. This type of divorce can also be emotionally draining, as the entire process is often adversarial. If you are considering a contested divorce, it is important to speak with an experienced attorney to discuss your options and whether this is truly the best approach for your situation.

Uncontested Divorce Explained

Uncontested divorces are much simpler than contested divorces, as they do not require going to court. Instead, both parties simply need to reach an agreement on all the terms of the divorce and then file the necessary paperwork with the court. Once the paperwork is filed, the divorce will be finalized and both parties will be legally single.

Uncontested divorces are typically less expensive and faster than contested divorces, as they do not require a lengthy court process. However, they can still be emotionally challenging, as you and your spouse will need to negotiate all the terms of the divorce outside of court. If you are considering an uncontested divorce, it is important to speak with an experienced attorney to discuss your options and whether this approach is suitable.

Attorneys Can Help You Make Informed Decisions

Only you can decide whether a contested or uncontested divorce is right for you. However, it is important to speak with an experienced divorce attorney before making any decisions. An attorney can help you understand the pros and cons of each type of divorce and make sure that you are making the best decision for your unique situation. If you are considering a divorce in New York, contact Duke Law Firm, P.C. today to schedule a consultation with our experienced team.


To schedule a consultation, call us at (585) 449-4987 or visit us online.

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