Legal Differences: Uncontested Divorces Versus Contested Divorces

Legal Differences: Uncontested Divorces Versus Contested Divorces

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Garden City divorce attorneys Fass & Greenberg talk about the legal differences between an uncontested divorce and a contested divorce.  What is the definition of the two terms? Why should you try to aim for an uncontested divorce?  What should you do in any divorce situation?  Read this blog to find out. 

What Is an Uncontested Divorce?

Parties who wish to terminate their marriage without court intervention can do so provided they are able to put their emotions aside and treat one another with civility.   It does not necessarily mean the two spouses will remain friends when everything is settled.  But the ability to reach an agreement without court intervention bodes well for their future post- divorce relationship.   In order to reach a fair agreement, they must each be honest about their respective finances and provide full disclosure to one another.   They must also be able to agree about custody and parental access if there are children involved.

When and Why Should a Couple Aim for This?

An uncontested divorce is best in any circumstances, but particularly when children are involved.  Any way you look at it, divorce is painful on everyone, especially the children.  However, when the divorce is not protracted, there is less stress for the children involved.

Another plus is that the legal costs for both parties are considerably less.  This makes life better for everybody too says family lawyer Garden City NY, Fass & Greenberg.  Whenever possible, couples who are facing divorce should strive for the civil option.

Is It Possible to Have an Amicable Divorce?

Yes, providing both parties put their egos and emotions aside and proceed to discuss the terms in a civilized manner.  In such a settlement, the terms are negotiated in good faith outside a courtroom.  If you choose to remain friends after the divorce, that is even better.

Please be aware that you really ought to still have a lawyer present.  Good legal separation attorneys know how to move forward with an amicable divorce and ensure things remain civil.  If you feel this situation applies to you, call Fass & Greenberg right away.

What Is a Contested Divorce?

A contested divorce is the kind where a couple is unable to reach agreement on issues such as support, property distribution, child custody, counsel fees, and exclusive occupancy of the marital home without court intervention.

Most contested cases do not proceed to trial.  However, the longer it takes for the parties to settle, and the more exposure they have to the judicial system, the greater the amount of anxiety, conflict, and legal fees for each.  There are some cases which cannot be resolved without a judicial decision.  Even then, a disgruntled party can appeal the court’s decision, which means more anxiety, conflict and legal fees.  In that case, most likely after the case is over, the two parties will never wish to see each other again.  This can be traumatic for the children and really ought to be avoided at all costs say the Garden City lawyers.

Some Steps to a Civil Divorce Are as Follows

  • Avoid pinning blame on each other
  • Concentrate on the broader picture instead of short-term solutions
  • Make it a point to negotiate all terms in a peaceful manner
  • Create a suitable parenting plan that benefits the children
  • Try to settle things out of court, but please do still have a good lawyer by your side
  • Negotiate living arrangements for both spouses and decide who will live where

Divorce Lawyer Garden City NY Has Some Advice

You may want to know how a lawyer can help if the two spouses decide on an uncontested divorce.  The role of a lawyer in such a case is to advocate for the client, but in a civilized manner.   Sometimes the lawyer for your spouse can be a bear when negotiations start, then suddenly your ex is having doubts about certain issues. 

Having your own attorney by your side is critical to preventing things from going sour.  He or she can also assist in finalizing all solutions and getting them down on paper.  Even when divorce proceedings do not go to court, all divorce agreements are required to be in writing, and you must choose a lawyer who is capable and experienced in drafting such agreement.

What Must You Do Now?

No matter which way you decide to go in a divorce case, your first step must be to contact divorce law Garden City NY experts, Fass & Greenberg.  They can handle your case on a remote basis and be at your side when the proper time comes.  If you are facing divorce, call them immediately!

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