If you’re about to go through the divorce process, you’ve likely heard the terms, “contested divorce” and “uncontested divorce.” But what do they mean, and how may they affect your case? Read this blog and speak with a seasoned Rochester divorce lawyer from Lacy Katzen LLP to learn more. Here are some of the questions you may have:
What Makes a Contested Divorce Different from an Uncontested Divorce?
Divorces can generally be categorized into two types: contested and uncontested. The primary difference lies in whether both parties agree on the terms of the divorce. In an uncontested divorce, both spouses have reached a mutual agreement on critical issues such as property division, child custody, and spousal maintenance.
This type of divorce tends to be more straightforward, less time-consuming, and usually less expensive because it often doesn’t require extensive court involvement.
Conversely, a contested divorce occurs when the spouses cannot agree on one or more key issues. This lack of agreement means the court must intervene to resolve the disputes. Contested divorces are inherently often more complex and adversarial, often involving multiple court appearances, extensive negotiations, and, sometimes, a trial.
The contentious nature of a contested divorce can make the process longer, more stressful, and significantly more costly than an uncontested divorce.
How Do Contested Divorces Typically Unfold in New York?
The process of a contested divorce in New York follows a specific legal path designed to address and resolve disputes. Initially, one spouse files a divorce Summons and/or Complaint, which outlines the grounds for divorce and the relief sought. This Summons and/or Complaint is then served on the other spouse, who has the opportunity to respond. If the responding spouse disagrees with the terms laid out in the Summons and/or Complaint, the case moves forward as a contested divorce.
After the initial filings, both parties engage in a discovery process, where they exchange information and documents relevant to the case. This phase is crucial, as it allows each side to gather evidence to support their claims regarding property division, child custody, spousal maintenance, and other contentious issues. Discovery can involve interrogatories, depositions, and requests for documents. Moreover, this stage allows both parties to have full financial disclosure of each other’s assets and debts.
Following discovery, the court usually requires both parties to attempt mediation or settlement negotiations. These sessions provide an opportunity for the spouses to reach a mutual agreement with the help of a neutral third party, or the court itself through pre-trial conferences. If mediation, or pre-trial conferences with the court, are unsuccessful, the case proceeds to pre-trial hearings, where the court may make temporary orders and narrow down the issues for trial.
Should the case reach trial, both parties present their evidence and arguments before a judge. The judge then makes a final decision on the unresolved issues. This decision is formalized in a divorce decree, which legally ends the marriage and outlines the terms of the divorce settlement.
Given the high stakes and complexity of contested divorces, having a skilled attorney in your corner is paramount.
If you have further questions or would like to speak with our firm about your case, simply contact us today.
