They say marriages are made in heaven, but divorces are processed in New York courts. When facing the end of a marriage, understanding whether your divorce will be contested or uncontested can significantly impact the emotional and financial toll of the process. The path you choose today will shape your tomorrow.
The simpler path
An uncontested divorce occurs when both spouses agree on all major issues. This type of divorce offers many benefits, such as:
- Lower legal costs
- Faster resolution (often 3-6 months in New York)
- Less emotional strain
- More privacy as fewer details enter public records
- Greater control over the final agreement
Agreements in an uncontested divorce must cover asset division, debt allocation, child custody, support payments and any other relevant matters. In New York, this option typically moves faster through the legal system.
The New York courts view uncontested divorces favorably because they reduce the burden on the legal system. This option works best for couples with straightforward finances and those willing to communicate respectfully.
When agreement is not possible
A contested divorce happens when spouses disagree on one or more key issues. These cases require court intervention to resolve disputes. A contested divorce often includes:
- Multiple court appearances
- Formal discovery of financial documents
- Depositions and witness testimony
- Judicial decisions on disputed matters
- Longer timeframes (one to three years in many cases)
New York follows equitable distribution laws, meaning courts will split assets fairly but not equally. Judges consider factors such as marriage length, each spouse’s financial situation and childcare responsibilities.
The value of legal representation
The law contains many technical aspects that most people without legal training miss. Your divorce settlement will impact your financial future, parental rights and personal well-being. Professional guidance through this process proves invaluable for most people.
Make your decision about legal representation based on your unique situation. However, remember that knowledgeable counsel often saves money and heartache in the long run.