When a marriage ends, the divorcing couple must agree on several terms. These terms include custody, support payments, property division, etc. However, conflict is bound to arise due to the complexity of these issues and the high stakes involved, where hard-earned assets and parenting time are on the line. It can be challenging for couples to resolve their disputed issues without involving the court. If you and your spouse cannot come to a mutual agreement on the terms that will apply to the termination of the marriage, it will be considered a contested divorce. A judge must decide on the divorce terms with this type of divorce. If a divorce is imminent, contact a trusted Suffolk County Divorce Attorney to help determine the best divorce route for your needs.
What’s the difference between a contested and uncontested divorce?
If you’re dissolving your marriage, it’s vital to understand the differences between divorce routes, such as contested and uncontested, to determine which method better suits your marital situation. Firstly, it is considered an uncontested divorce if you and your spouse agree on all the critical issues before the court. Essentially, when both parties can agree on the terms that will apply to the termination of their marriage, there is no need for a trial, meaning they can pursue an uncontested divorce.
On the other hand, if there are one or more significant issues that you and your spouse cannot agree on without involving the court, it is a contested divorce. When both parties do not agree on the significant issues, they will have to rely on the court to determine the final outcome. The primary difference between a contested and uncontested divorce lies in the cost and duration of the legal procedures. Contested divorces are more expensive and time-consuming because they require additional resources to resolve disagreements, resulting in additional legal fees.
Should I consider an alternative dispute resolution method?
If you and your spouse cannot agree on the terms that will apply to the termination of your marriage but want to avoid litigation, you might want to consider pursuing an alternative dispute resolution method, such as mediation or a collaborative divorce. In mediation, you and your spouse will meet with an unbiased third-party mediator to help you resolve your dispute and reach a mutual agreement on your divorce terms. Similarly, in a collaborative divorce, you and your spouse will each have your attorneys present to negotiate all the terms of your divorce. Both alternative dispute resolution methods aim to resolve any disagreements on significant issues to reach an agreement without going to court.
Regardless of the divorce route you choose to end your marriage, you need an experienced attorney from the Law Offices of Susan A. Kassel. P.C., who can guide you towards the best possible outcome. Allow our firm to represent your interests today.