A divorce is a legal process that dissolves a marriage in order to allow two spouses to go their separate ways. In New York State (Domestic Relations Law §170), there are two types of divorces: contested and uncontested divorces. The main difference lies in whether or not the spouses agree on all of the terms of the New York State Divorce Procedure settlement. In this article, we will discuss the differences in detail for 500 words based on relevant legal sources.
1.) Contested Divorce
In a contested divorce, the spouses are unable to agree on one or more of the terms of the divorce settlement. This can include issues such as the division of marital property, spousal maintenance payments, child custody arrangements, child support payments, and any other relevant issues. In a contested divorce, the spouses will typically present their arguments in court through testimony and evidence. The court will then make a decision based on the evidence presented.
Contested divorces can be more expensive and time-consuming than uncontested divorces because they require more court appearances and legal proceedings. In a contested divorce, each spouse may need to hire their own attorney to represent their interests in court. This can result in higher legal fees and costs. Additionally, contested divorces can be more emotionally charged and contentious because the spouses are unable to agree on the terms of the divorce settlement. This can lead to increased stress and tension during the divorce process.
2.) Uncontested Divorce
In an uncontested divorce, the spouses have agreed on all of the terms of the divorce settlement. This can include issues such as the division of marital property, spousal maintenance payments, child custody arrangements, child support payments, and any other relevant issues. In an uncontested divorce in new york abandonment, the spouses will typically submit a written agreement outlining the terms of the divorce settlement to the court for approval. The court will then review the agreement to ensure that it is fair and equitable, and will approve the divorce settlement if it meets the legal requirements.
Uncontested divorces are generally less expensive and time-consuming than contested divorces because they require fewer court appearances and legal proceedings. In an uncontested divorce, each spouse may still need to hire their own attorney to review the divorce settlement and ensure that their interests are protected. However, the legal fees and costs associated with an uncontested divorce are typically lower than those associated with a contested divorce. Additionally, uncontested divorces can be less emotionally charged and contentious because the spouses have already agreed on the terms of the divorce settlement. This can lead to a more amicable divorce process and a smoother transition for both spouses as they move forward with their separate lives.
3.) Factors that Contribute to Contested or Uncontested Divorces
There are several factors that can contribute to whether a New York State Divorce Court is contested or uncontested:
A) Communication Skills: Spouses who are able to communicate effectively and compromise on issues are more likely to have an uncontested divorce. Spouses who have difficulty communicating or are unwilling to compromise are more likely to have a contested divorce.
B) Length of Marriage: The longer the marriage has lasted before the divorce is filed (known as the marriage' duration), the more likely it is that the divorce will be contested due to the accumulation of assets or disagreements over child custody arrangements or spousal maintenance payments (DRL §170(7)). However this does not mean that short marriages cannot be contested or that long marriages cannot be uncontested divorces; it'll depend on the specific circumstances of the case (DRL §170(7)).
C) Presence of Children: The presence of children can make it more difficult for spouses to agree on issues such as child custody arrangements or child support payments (DRL §170(7)). This can increase the likelihood of a contested divorce lawyers in manhattan new york if the spouses are unable to agree on these issues (DRL §170(7)). However this does not mean that divorces with children cannot be uncontested; it'll depend on the specific circumstances of the case (DRL §170(7)).
D) Presence of Complex Assets: The presence of complex assets such as businesses or real estate can make it more difficult for spouses to agree on issues such as the division of marital property (DRL §170(7)). This can increase the likelihood of a contested divorce if the spouses are unable to agree on these issues (DRL §170(7)). However this does not mean that divorces with complex assets cannot be uncontested; it'll depend on the specific circumstances of the case (DRL §170(7)).
In conclusion, the main difference between a contested and uncontested divorce is whether or not the spouses agree on all of the terms of the divorce settlement. Contested divorces are more contentious and emotionally charged because the spouses are unable to agree on the terms of the divorce settlement, while uncontested divorces are less contentious and emotionally charged because the spouses have already agreed on the terms of the divorce settlement. The factors that contribute to whether a divorce is contested or uncontested include communication skills, marriage duration, presence of children, and presence of complex assets. It is always recommended to consult with a qualified attorney for specific advice regarding divorce lawyer in new york city proceedings in New York State.
No comments yet