There are a couple ways to go about a divorce. Contrary to what you may see in the media, you do not have to yell and scream in the courtroom and argue with your spouse about every detail. If confrontation really is not your thing and you just want to resolve your issues and move on as quickly as possible, then you may want to consider an uncontested divorce.
If there are many unresolved issues and you have tried talking to your spouse, but end up hitting a wall, then perhaps a contested divorce is in your best interest. It depends on your situation and the relationship you and your spouse have. Read on to find out the differences between contested and uncontested divorce, as well as the processes involved.
Contested vs. Uncontested Divorce
If you and your spouse have both agreed to end the marriage, then that is the first step toward an uncontested divorce. One person (the plaintiff) will file the paperwork to get the process started, while the other person (the defendant) will respond or simply agree to the divorce.
Each state has certain requirements and paperwork. New York does allow you to file an uncontested divorce even if you have children. However, sometimes complications arise among parents in a divorce. You may have concerns about custody and visitation, and it is good to bring these up during the process.
An uncontested divorce is when both parties agree on every issue in the divorce. Once there is a disagreement that cannot be resolved, it becomes a contested divorce.
Uncontested divorces are less expensive because no litigation is involved, but it is still recommended to have a lawyer guide you through the process. The parties meet, sign paperwork, and in many cases, the divorce is finalized in about three months. In a contested divorce, the average time to finalize the divorce is about nine months.
To contest a divorce, you must first respond to the summons you will receive from your spouse. You will have 20 days to do so. Next is the discovery process and then the settlement process. If you and your spouse cannot reach a settlement, your divorce will go to court. If you do not agree with a decision, you can ask for a post-trial motion. If this is denied, your final recourse is an appeal.
Even in an uncontested divorce, divorce lawyers are still needed to negotiate the important issues involved, including child support, division of assets, child custody/visitation and alimony or spousal support.
Contact a Divorce Lawyer Today
If you are considering divorce, understand your legal options and more about the uncontested divorce process. Seek help from Brooklyn divorce attorney Theodore Alatsas ESQ. He can help you through the divorce process and ensure you are prepared for your divorce proceedings. Schedule a free consultation by calling (718) 233-2903.