Divorce is a significant legal matter with a lot at stake for your and your spouse. This is why it is important to determine whether an uncontested divorce or a contested divorce is the best route for your situation. Follow along to learn the pros and cons of the two and how one of the proficient attorneys at our Suffolk County divorce law firm, the Law Offices of Susan A. Kassel, P.C., can be of any assistance necessary.

What is an uncontested divorce?

By definition, an uncontested divorce is used by couples who can independently resolve all their marital issues needed to finalize their divorce. Such marital issues typically include the following:

  • Spousal support.
  • Child custody.
  • Child support.
  • Division of property.

If you and your spouse believe you are capable of entering an uncontested divorce, you can choose an alternative divorce method such as mediation, arbitration, or collaborative divorce. Notably, litigation is not necessary. For more, reach out to a talented Suffolk County uncontested divorce attorney today.

What is a contested divorce?

Put simply, a contested divorce is used by couples who are not able to independently resolve all their marital issues. Instead, you will have to undergo litigation, where a New York judge will analyze bank statements and other important documents to finalize your settlement agreement on your and your spouse’s behalf.

Should I cite fault or no-fault grounds in my divorce?

In New York State, you and your spouse can either cite fault or no-fault grounds when filing for divorce. If either you or your spouse cites fault grounds, you are essentially placing blame on the other for the ultimate breakdown of your marriage. Examples of fault grounds that are commonly cited in New York divorces include, but are not limited to, the following:

  • Adultery.
  • Extreme cruelty.
  • Abandonment for at least one year.
  • Institutionalization for a given period.
  • Imprisonment for a given period.

But if either you or your spouse cite no-fault grounds, you are declaring an “irretrievable breakdown for a period of six months or more prior to the commencement of the action for divorce.” So, no blame is placed, and rather, you and your spouse mutually believe that your marriage cannot be fixed.

If you wish to successfully enter and complete an uncontested divorce, it is recommended that you cite no-fault grounds. This is because if you opt to cite fault grounds, you open the door for your spouse to dispute your claim. Ultimately, this increases the likelihood that there will be a disagreement between you and your spouse, and this can become a contested divorce.

For additional guidance, do not hesitate in giving our firm a call today.

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If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.