Understanding Contested vs. Uncontested Divorce in New York

New York divorces are categorized as either contested or uncontested. The distinction between these two types is less about the grounds for divorce and more about whether the spouses can agree on the essential terms of marriage dissolution. Virtually all New York divorces are now filed on no-fault grounds, where one spouse simply asserts that the marriage has irretrievably broken down for at least six months. However, the couple may have difficulties coming to agreement on key matters such as property division, child custody, child support and spousal maintenance. 

In an uncontested divorce, both parties agree on all essential terms, so there’s no need for a trial or for lengthy court proceedings. These divorces proceed in a business-like, professional manner and can often be resolved in as little as a few months, depending on the court’s schedule and any waiting periods mandated by law. Costs are limited to court fees and attorneys’ fees if the couple chooses to have a lawyer review their agreement. The low-cost, speedy and painless nature of uncontested divorce makes it an attractive option for many couples.

A contested divorce is one in which the spouses disagree on one or more critical issues, such as property distribution, spousal maintenance, custody and visitation rights or child support. Contested divorces take longer, are more expensive and can be highly stressful. The process can take several months or more than a year, with legal fees and court costs escalating into thousands of dollars. Contested divorce usually involves prolonged conflict, extensive document production and sometimes hostile interactions between the parties, all of which can exact an emotional toll. The legal fees will increase as there are multiple court appearances. A client will often need to take time from work to appear in court. If there is a dispute as to custody, the child(ren) will need their own attorney known as an attorney for the child (AFC) for which the parties share the cost, pro rata.

For couples facing disagreements, there are strategies available to help resolve disputed issues and perhaps shift their case toward an uncontested divorce. 

• Negotiation through attorneys — Agreement on essential terms can often be worked out by attorneys experienced in divorce matters. A skilled attorney can give valuable guidance and help reach a compromise that both parties can live with.
• Mediation — A neutral third party, the mediator, can help the spouses reach a settlement on disputed issues. Mediation is less formal and less adversarial than court proceedings, allowing couples to communicate openly and freely. If your case is contested, the New York State courts provide you with the option of mediation for which you can attend with or without your attorney. The cost for the mediation service is free to any party with a pending contested divorce. 
• Counseling and co-parenting classes — In cases where disagreements center on parenting issues, the spouses can benefit from co-parenting classes or family counseling, which promote focusing on the best interests of their children and not on self-interest.

The goal should be to find common ground on all financial and parenting matters. By turning a contested divorce into an uncontested one, the spouses can spare themselves the time, expense and emotional strain of litigation. This allows both parties to maintain more control over the outcome and can pave the way for a healthier post-divorce relationship, especially when children are involved.

With more than five decades of combined experience, the New York family law attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James help divorcing couples throughout Long Island find creative solutions. To discuss your legal issues and how we can help, call us at 631-360-0400 or contact us online.