Uncontested Divorces Versus Contest Divorces

I am often asked “What is the difference between uncontested divorces and a contested divorces.  This article will give a brief summary of those differences.

An Uncontested Divorce is where the Husband and Wife both – prior to filing for a Divorce:

• Agree to get divorced
• Agree on the grounds of divorce
• Agree on all the issues of the divorce, including: (i) Child Custody; (ii) Child Support; and (iii) Equitable Distribution (splitting marital assets).

A Contested Divorce is where the Husband and Wife do not agree on any of the above – prior to filing for a Divorce.  In other words, if there is any disagreement, even a small one, between the parties, then technically it is a Contested Divorce.

However, in some Contested Divorces the differences are very minor and the parties can quickly turn a Contested Divorce into an Uncontested Divorce.

With an Uncontested Divorce, the parties still might want to hire an attorney to draft and file the necessary documents that need to be submitted to the Court. The attorney will make sure that all the documents are correct and file the document electronically to the Court’s e-filing system.

Even in an Uncontested Divorce, you and your spouse will have to sign the documents, indicating that you agree to the divorce and all of the issues of the divorce.  In almost every Uncontested Divorce, you and your spouse will not need to go to physically go to Court.  As stated above, the documents will be submitted electronically to the Court.

The Badanes Law Office has assisted many married couples in obtaining an uncontested divorce or a contested divorce. Call the Badanes Law Office today at: 631-239-1702, email us at: dbattorney@optonline.net or visit our web site: www.dbnylaw.com.

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