Uncontested Divorce simply means that both spouses agree to the dissolution of their marriage and that they have agreed on all terms of their divorce, including financial support, child custody, separation of property and others.
Uncontested divorces are the fastest and is the least stressful process for both spouses.
As of 2010, New York has enacted no-fault divorce, in which the grounds for a divorce is one party of the marriage claiming an “irretrievable breakdown” of the marriage for a period of at least six months. An uncontested divorce is a divorce in which both parties of the marriage agree that all economic issues, such as the division of marital property and maintenance (alimony), and other ancillary issues, such as child custody and child support, have been resolved. Both parties may explicitly agree that all economic or other issues have been resolved, or one party may agree by default after being served and given forty days to contest the economic and ancillary issues of the divorce. Uncontested divorce is a quick and simple way to be divorced, unless the divorce becomes contested by a party.
As oppose to uncontested divorces, numerous issues arise in the contested divorce proceedings. Contested divorce is a divorce in which one or both parties request the court to intervene in the economic and ancillary issues of the divorce, such as division of marital property (equitable distribution in New York), temporary and permanent maintenance (alimony), and child custody and child support. Contested divorce is usually a long and complicated process, with both parties having to disclose financial and property assets, the court having to determine which property is subject to distribution and then dividing them between the two parties, and to resolve issues such as child custody and child support. In a contested divorce, the court intervenes in the economic and ancillary issues before granting a judgment of divorce.
If you would like to schedule a free consultation with New York Divorce Lawyer, please call us at (929) 920-6606