Many people believe that divorce is divorce, and all cases follow a similar legal path. However, this is not true. Contested vs. uncontested divorce in New York has major differences, which affect both how key decisions are made and the outcome of your case. Learning about these two distinct classifications can help you know what to expect during the divorce process.
The Two Types of Divorce
Divorce proceedings can be divided into uncontested and contested divorces. The primary difference between these two cases involves whether or not you and your spouse are able to agree on the major terms of the divorce. These major decisions may involve:
- Property division. Marital assets and debts must be split fairly between spouses. This includes property such as the marital home, bank accounts, retirement savings, loans, vehicles, and other property.
- Child custody. In New York City, 764,350 families with minor children. If you and your spouse have children together, you must have a custody arrangement in place after your divorce. This involves both physical custody, which is where your child lives and receives daily care, and legal custody, which involves which parent has the authority to make important decisions for the child.
- Child support. If one parent is providing the majority of the daily care for the child, the other parent may be required to pay child support. Based on parenting time, the child’s needs, and the parents’ incomes, a fair amount of child support should be calculated.
- Spousal support. Spousal support is not automatically guaranteed under New York divorce laws. However, if one spouse is unable to meet their financial needs and the other spouse has the ability to pay, spousal support is an option. The amount and duration of spousal support must be decided.
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If you and your spouse are able to reach an agreement on these issues, you have an uncontested divorce. If you and your spouse cannot agree, even after negotiations or mediation, you have a contested divorce.
How the Process of a Contested and Uncontested Divorce Differs
In New York City, there were 18,465 divorces in 2023, with an overall divorce rate of 2.4 per 1,000 people in the State. Each of these cases involves unique processes, which are largely determined by whether the case is contested or not. Although both contested and uncontested divorces result in the end of a marriage, these cases differ in how they are resolved.
Uncontested divorces are settled outside of court. Both parties can discuss their goals and wishes and negotiate to reach an agreement on key decisions. Then, they can sign a written settlement agreement that outlines the terms of the divorce. The court then reviews this agreement to confirm that it complies with the New York divorce laws. If it does, then the divorce can be finalized.
A contested divorce is more complex. They often begin with spouses attempting negotiations, but because spouses are unable to reach an agreement, they must proceed to litigation. The court oversees the case, hearing arguments from both sides about key issues. A judge makes the final decision on the terms of the divorce, including property division and child custody.
In Staten Island, a divorce case is handled by the New York Supreme Court. A New York divorce attorney can provide specific information on where divorce petitions should be filed or where the hearings take place, as they vary by location. For example, in Staten Island, a divorce case is heard at the Richmond County Supreme Court at 26 Central Avenue.
Why You Should Hire a Divorce Lawyer From The Law Office of Tracy & Tracy
The Law Office of Tracy & Tracy can provide compassionate support and strategic guidance throughout your divorce, whether you need help drafting a settlement or you are looking for legal representation in an uncontested divorce. Our attorneys have strong reputations among New York courts and judges and can help you present a strong case if your case is going through litigation.
Attorney Victoria Tracy brings more than 11 years of experience as an attorney with the New York City Administration for Children’s Services (ACS), giving her deep insight into the New York family court. Now in private practice, she uses this experience and her deep understanding of divorce laws to help couples divorce as smoothly as possible.
FAQs
What Are the Disadvantages of an Uncontested Divorce?
There can be disadvantages to an uncontested divorce if both spouses don’t fully understand their divorce agreement or legal rights before signing the agreement. If you hire a divorce lawyer, they can explain your options and draft a divorce agreement. They can also review the proposed terms with you and your spouse so you feel confident about what you are signing.
Can You Switch From a Contested to an Uncontested Divorce?
Yes, even if you begin the litigation process for a contested divorce, you are still able to settle your case, like you would if the case were uncontested. Until a verdict has been reached, you and your spouse can continue to pursue negotiation, mediation, or discuss your case further with a lawyer. If you can reach an agreement on all major issues, you can submit a settlement agreement to the court, avoiding the trial.
How Long Does a Contested Divorce in New York Take?
The timeline of a contested divorce depends on the complexity of the case and the court’s schedule. Typically, contested divorces take longer than uncontested divorces, often taking from several months to over a year. Your case may take even longer if you or your spouse is refusing to collaborate, if you own significant assets, or if there are contested issues over child custody.
What Are the Three C’s of Divorce?
The three C’s of a divorce are communication, cooperation, and compromise. Maintaining respectful communication, remaining open to compromise, and cooperating with your spouse and the legal process can help you reduce conflict and stress while encouraging problem-solving. When these three principles are present, it is more likely that you can achieve an uncontested divorce.
Reach Out to a Compassionate Divorce Attorney From The Law Office of Tracy & Tracy
Whether you and your spouse agree on most issues or not, experienced legal guidance is invaluable. At The Law Office of Tracy & Tracy, we’re here to help—contact us today.
