Divorces can be complex and overwhelming. If you are going through a divorce, it is important that you learn about your options. Contact our firm today to determine whether you and your partner are in a contested or an uncontested divorce. Our experienced New York divorce attorneys are dedicated to ensuring that you and your future are protected.
What is a contested divorce?
A contested divorce occurs when both spouses are unable to reach an agreement regarding the terms of their marital issues. In this case, both parties will not sign an agreement, which typically leaves many issues unresolved. In this type of divorce, a judge will be appointed to evaluate the disagreements and come to a settlement for the couple. The most common contested divorces involve issues concerning child support, child custody, division of assets, and alimony.
Another component of a contested divorce is the ability for a spouse to cite “fault” or “no-fault” grounds before the proceeding begins. If there are no-fault grounds reported then neither spouse is holding the other accountable for the end of their marriage. If this is the case, court proceedings can commence right away. On the other hand, if a spouse does cite fault grounds, they are holding their partner’s actions liable for their divorce. Oftentimes, fault grounds are usually cited in the following conditions:
- Adultery
- Abandonment
- Cruel and inhuman treatment
- Imprisonment for 3 years or more in a row
What is an uncontested divorce?
An uncontested divorce refers to a situation in which both parties are in accordance with the terms and conditions of their marital agreement and are both in agreement with their divorce. This indicates that the most contested issues such as division of assets, alimony, child support, child custody, and child visitation have been solved.
An uncontested divorce is also generally known as an “Irretrievable Breakdown of Marriage.” There are two varieties of irretrievable breakdowns:
- 1A Divorce: When both spouses agree on their marital
- issues.
1B Divorce: When marital issues are left unresolved.
Uncontested divorces help both parties by providing them with the option of which method they would like to use for their divorce. For example, they may choose mediation, arbitration, or collaborative divorce instead of litigation. These options are all voluntary but can be much easier and favored both with time and finances for each party and their families.
If you are going through a divorce, do not hesitate to reach out to our experienced New York divorce attorneys to discuss your options.
CONTACT OUR FIRM
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.
