Are you looking for the different options available for divorce? In New York City or NYC, there are two categories of divorces. One is when someone contests a divorce, and another one is an uncontested divorce. The difference between the two is pretty clear from the name itself. In a contested divorce, there is no agreement between the spouses, and they fight against each other in court to get their rights. An uncontested divorce is an agreement and settlement between the spouses outside the court. So, this is the fundamental difference between the two categories of divorce in NYC.
Which is More Popular Among People In NYC?
Most of the people in New York City want to opt for the uncontested divorce as it involves less hassle. You do not have to wait for the court proceedings, and you can settle it outside the court with proper paperwork in the presence of the lawyer. This type of divorce eliminates unnecessary costs for lawyers that you need for a contested divorce. Even contested divorce may take a long time to conclude, and it may also bring a lot of unnecessary hostility for both parties. But since the uncontested divorce is a popular choice, it does not mean you have to choose that too. You need to select the one that is best according to you.
How To Qualify For Uncontested Divorce?
Since uncontested divorce is more comfortable and more convenient to apply and get, there are specific criteria to be fulfilled. Qualifications for an uncontested divorce are you, and your spouse has to agree on particular issues. Following are the problems, please have a look
- The ground or reason for reason
- If there is an issue for child custody
- Child support if you have children
- Also on the division of the property
So, both parties have to agree on all the agreements and conditions. An uncontested divorce, the case is solved outside of court without any lengthy legal proceedings. There is no need for any judicial intervention to settle the matter and provide them with legal divorce.
What Are Contested Divorces?
In NYC, often, one party does not agree on whether to give the other one divorce or not. Thus the first criterion of ground for divorce does not match with one another. Here, this leads to a contested divorce. Not only on grounds or reason for the divorce, but the legal proceedings also look upon other things like child support, child custody, and division of the properties. These types of divorce cases may take a lot of time. You have to make sure that you maintain patience and also ask for the best help from a reputed and experienced divorce lawyer.
There are even a lot of disputes related to the contested divorce in NYC. These are –
- Division of the debts
- Division of all marital assets and properties
- Claiming of alimony
- Requesting the custody of a child
- Support for the child
Besides those mentioned above, there are disputes settled during the legal session in the court. Unlike uncontested divorce, there are a lot of complications in the contested divorce.
So, these are the differences between the contested divorce and uncontested divorce in New York City. If you were looking for ending your marriage and confused about which option to choose, then you need to analyze appropriately about what you want. First of all, you have to make sure that your spouse is also ready for divorce. If he/she is not, then it will automatically become a contested divorce. But even if your spouse is prepared for the divorce, look into further details like child custody and support.
Talk with your spouse about all these, and then he/she know what you are planning to do. Keep in mind issues are to be settled outside court for an uncontested divorce. If by chance any conflict arises in any particular topic related to child custody, child support, ground for divorce or property and asset division, then the couple has to opt for the contested divorce. Here, under the judicial laws and legal proceedings, your divorce case will be judged.
Hanna & Vlahakis Law Offices specializes in divorce whether it is uncontested or contested, bankruptcy chapter 7, and loan modification. We have over 30 years of experience providing our clients with ease of mind as we represent them in and out of court. We provide affordable services for clients.