If you’re thinking about parting ways with your spouse, you may be wondering what the differences are between a contested vs. uncontested divorce. The type of divorce will determine how your case moves forward and who decides the outcome. Critically, with an uncontested divorce, the parties can decide all aspects of their case — unlike in a contested divorce in which a judge decides the important matters that can impact the parties for years to come.
If spouses agree on all aspects of the divorce, a divorce can be completed as “uncontested.” An uncontested divorce can typically be finalized faster and is more cost-effective than a contested divorce. The biggest difference between a contested and uncontested divorce is that uncontested cases do not require litigation and the spouses usually never need to go to court. While a contested divorce takes place inside an open or virtual courtroom, there is no need to disclose private information in public in an uncontested divorce. Additionally, since spouses remain in control of the outcome of an uncontested case, there can be more certainty — and less emotional stress.
In an uncontested divorce, spouses must be able to reach an agreement on the following matters that must be determined to divorce:
Once the spouses reach a settlement, a judge will review it and issue the final divorce decree. Although uncontested divorces do not need to go through the litigation process, it doesn’t always mean that spouses do not have to work together to negotiate a resolution, either directly or through their attorneys.
Every divorce is considered a contested matter until an agreement is reached. Once an agreement is reached on all issues, a contested case becomes uncontested, and usually no further court appearances are required. A contested divorce is one where the parties do not agree on one or more of the major issues that need to be determined for a judge to sign the final divorce decree. In a few cases, a couple may also disagree about the grounds for divorce — or whether they should part ways at all. A spouse cannot prevent the other from obtaining a divorce due to New York’s no-fault divorce laws, but they can prolong the process by refusing to cooperate.
The process for a contested divorce begins with filing the summons and serving the other party. A Complaint must also be filed to move the case forward. Both parties must then comply with the financial disclosure requirements and go through the discovery process. Once each side learns about the other’s assets and financial situation, the attorneys for the spouses can negotiate settlement proposals. Sometimes, even in a contested case, negotiations occur without the need for any court appearances. In other cases, negotiations and court appearances happen at the same time. In the event a couple cannot come to a settlement outside of court regarding any of the issues that must be decided, the case would proceed through litigation and a judge would decide the outcome.
The way a divorce is commenced isn’t always the way it is concluded. In some cases, a divorce can begin as contested and the couple may reach a settlement agreement before trial. Similarly, a divorce may begin as uncontested only to become contested if breakdowns in communication occur during the process.
There are many benefits to an uncontested divorce, but they aren’t right for every case. Whether a contested vs. uncontested divorce is beneficial for you depends upon your specific situation and objectives. Uncontested divorces usually work best in simple cases in which spouses are amicable — or there are no power imbalances, complex property division matters, or children involved. Notably, there are certain tools available in a contested divorce case that can be used to compel a spouse to hand over information and ensure the rights of both parties are adequately safeguarded.
It’s important to consider a variety of other factors when deciding whether to file a contested vs. uncontested divorce. For instance, if a spouse is unwilling to cooperate with the process, an uncontested divorce may not work — and an uncontested case can turn into a contested matter very easily. In addition, if a spouse is concealing assets or has committed domestic violence, an uncontested divorce may not be in the best interests of the other spouse.
Another aspect of a contested vs. uncontested divorce to consider is that uncontested matters are more difficult to appeal to a higher court since both spouses consent to the terms of the divorce. However, this doesn’t mean that the terms of the agreement can never be changed. If there has been a substantial change in circumstances or a certain amount of time has passed since the order was entered, a spouse may ask the court to modify an alimony or child support award. Child custody can also be modified based on a change of circumstances and the child’s best interests.
Navigating a contested or uncontested divorce case can be difficult. It’s best to have a knowledgeable attorney by your side who can help you navigate the process. At Duke Law Firm, P.C., we provide our clients with reliable representation for a wide variety of divorce and family law matters and are committed to walking with them every step of the way.
Offering customized legal services and compassionate counsel, we welcome you to contact us today to schedule a consultation to learn how we can help.
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