What is the Difference Between a Contested and Uncontested Divorce?

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What is the Difference Between a Contested and Uncontested Divorce?

Divorce proceedings can often be a difficult and emotionally exhausting process. It requires a great deal of patience and decision making abilities in order to determine the necessary arrangements for a divorce. These proceedings may vary depending on if spouses are able to come to an agreement on their marital issues. Different types of divorce make it possible for couples to work through these matters in a way that suits their personal situation. In the state of New York, there are two main types of divorce: contested divorce and uncontested divorce. If you are going through a divorce, an experienced attorney can guide you through the proceedings.

Contested Divorce

When both spouses cannot come to an agreement on their marital issues, it is known as a contested divorce. In this situation, neither spouse signs an agreement on their terms of separation, leaving these matters unsolved. When this happens, a judge takes over and makes the decisions to resolve the couple’s disagreements. This may include decisions regarding child support, custody, the division of assets, and alimony.

In a contested divorce, a spouse is able to cite either “fault” or “no-fault” grounds. When no-fault grounds is cited, it means neither spouse holds the other responsible for the end of their marriage. This allows the proceedings to begin. When a spouse cites fault grounds, it means they are holding the other spouse responsible for the divorce. This may be due to one of the following situations:

  • Adultery
  • Abandonment
  • Cruel and inhuman treatment
  • Imprisonment for 3 years or more in a row

Uncontested Divorce

An uncontested divorce occurs when both spouses believe their marriage cannot be fixed and agree to the terms of their divorce. This is also known as an “Irretrievable Breakdown of Marriage.” In the event of this, a couple must resolve all marital issues. This pertains to matters such as alimony, child custody and support, parenting time, division of assets, and any payment of debts.

When spouses go through an uncontested divorce, they can choose a method of divorce instead of litigation. This may include mediation, arbitration, or collaborative divorce. These processes are voluntary, although they are usually beneficial for all parties involved in the divorce.

Contact our Firm

If you or someone you know is going through a divorce and wishes to seek legal counsel, contact The Law Offices of Susan A. Kassel, P.C. today.

Matters of divorce and family law should be navigated with the guidance of an experienced attorney. 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.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne

SERVING ALL OF SUFFOLK COUNTY

The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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