Contested & Uncontested Divorce: What Is The Difference?

Published on January 03, 2022, 6:35 pm
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When it comes to divorce, there are two types of classifications: contested and uncontested. Spouses, who agree on the division of their assets and the dissolution of their marriage, are said to be in agreement on a divorce. In a contentious divorce, the parties may be unable to reach an agreement on the terms of the divorce, which parent would be responsible for child custody, or even whether they want to divorce at all.

The Process of Divorce: What Are the Steps in a Contested and Uncontested Divorce?

When spouses reach an agreement on the terms of their separation, all that remains is for them to ensure that the terms are equitable and to complete the appropriate paperwork to make the divorce official. A contentious divorce, on the other hand, is generally more complicated and necessitates the involvement of a divorce lawyer on both sides. If the matter proceeds to trial, the spouses will be subjected to the stress and financial burden of a lengthy court battle, and they will be obligated by the judge’s decision if the case goes to trial.

In most cases, the following steps are involved in a contested divorce:

Petition filing. One spouse is responsible for preparing and delivering the divorce petition to the other spouse. After the petition has been served and the served spouse has responded, the petition can be filed with the court.

Discovery. Both spouses will be expected to give information that will be used to prove and deny various aspects of the case. This may entail obtaining documentation, contacting witnesses, and taking depositions.

Negotiation. Once both parties have a general understanding of the information that may be presented in court, attorneys can begin negotiating settlement options between the spouses. Settlements are the favored method of resolving contentious divorces since they are less expensive than going to trial and do not necessitate the filing of an appeal. If a settlement cannot be made, the case will be taken to divorce court for consideration.

Trial. Throughout the trial, both spouses will testify, answer attorney’s questions, and be subjected to cross-examination by the other party.

Decision. The court’s final decision will determine which spouse receives which assets, how debt will be divided, who will be granted custody of the children, and how much child support would be required.

Appeal. It is possible for either spouse to pursue an appeal with a higher court if they disagree with the decision of the lower court.

Uncontested divorces need much fewer stages than contested divorces. Couples, who are unable to come to terms on the terms of their divorce, should seek the help of an attorney as a result of this. If you have a qualified divorce attorney, he or she can assist you in reaching reasonable separation agreements, allowing you to file an uncontested divorce and avoid going to court.

We can assist you in determining which divorce option is the best fit for you.

Contact us as follows:

Aronov Esq. Contested Divorce Lawyer
98-14 Queens Boulevard
Rego Park, NY 11374

Tel.: 718-206-2050


Aronov Esq. Contested Divorce Lawyer
1174 Coney Island Avenue
Brooklyn, NY 11230

Tel.: 718-206-1014


Aronov NYC Divorce Law Group
31 W. 34th Street, #7162
New York, NY 10001

Tel.: 917-268-9289

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