One of the most important first steps to take when contemplating divorce in New York is knowing if your divorce will proceed uncontested or contested. There are significant differences in cost and long-term impacts between these two types of divorce.
What is an Uncontested Divorce?
Uncontested divorces are more favorable overall because it involves the married couple coming to an agreement on settlement terms regarding property, debt, custody, and support, which avoids unnecessary litigation. While this may still be an intense emotional experience, the benefits outweigh the negatives.
Below are just a few of the many benefits of filing an uncontested divorce in New York:
- The overall cost of the action is more affordable
- Parties can divide marital assets per their wishes
- Marital debts can be equitably divided in a way that both parties prefer
- More flexibility in child custody and visitation agreements
- Less exposure to emotional and financial trauma to the family
- It makes it easier for the family to transition into separate households
Despite an uncontested divorce being an ideal choice, you should still have an experienced New York family law attorney to advise and intervene on your behalf when needed. You and your ex-spouse will have to create a written agreement to serve as the basis of terms for your divorce judgment. Your divorce lawyer can review the provisions in this document to ensure your best interests are met.
What is a Contested Divorce?
Couples that have no choice but to pursue a contested divorce in New York will rely on a court to intervene and resolve any unresolved disputes equitably. This process involves a significant amount of time to accomplish, including additional fees for a trial and making multiple required court appearances. Further, what the court views as a fair agreement could leave you in financial ruin.
Some of the more common disputes that spouses will disagree on during their divorce action may include:
- Distribution of marital assets
- Custody
- Division of marital debt
- Spousal and/or child support
Working with an experienced New York divorce lawyer, like Kate Ryan, when you first consider ending your marriage is crucial in avoiding these types of bitter disputes. Not only do contested divorces require numerous court appearances, filings, negotiations, and motions, but it takes a serious emotional and financial toll that could stay with you and your family for years afterward.
Rely on New York Divorce Attorney Katherine Ryan, P.C., to Represent Your Case
At times, the expense of going to trial in a contested New York divorce is warranted. Of course, there can be times when one or more issues warrant the cost of a trial, and a knowledgeable attorney can help you assess if such a battle is worth it. This path to divorce doesn’t always mean it will drag out for months on end if you hire legal counsel who can streamline this part of the process by only taking unresolvable issues before the court. Still, finding the wherewithal to put your own hurt aside to reach a mutual agreement with your partner is in the best interest of everyone involved.
At The Law Office of Katherine Ryan, P.C., our legal team strives to provide you with a client experience filled with empathy and personalized focus to ensure your divorce agreement benefits you and your family now and into the future. Attorney Katherine Ryan uses her years of experience helping clients get the fair and equitable divorce results they need to move on to this new chapter in their lives. Her recognition as a Super Lawyer in 2020 highlights her dedication to those she represents.
Our firm provides family law services to clients in Garden City, Nassau County, Suffolk County, Westchester County, and Long Island. Contact The Law Office of Katherine Ryan, P.C. today for a comprehensive evaluation of your family law issue.
