When a couple decides to end their marriage, they must make various decisions regarding the terms that will apply to the termination of their marriage, including the division of assets and debts, spousal support, child custody, and other critical marital issues. In most cases, couples do not end their relationship amicably, especially during divorce when there are a lot of valuable assets and parenting time at stake. This can lead to disagreements that can’t be resolved outside of court. When couples disagree on significant matters, they must undergo a contested divorce. If you’re facing a divorce, you need a skilled Garden City Divorce Lawyer to help protect your interests during this complex legal process.
What does a contested divorce mean?
Generally, when a couple dissolves their marriage, they pursue two types of divorces besides alternative dispute resolution methods. The first is an uncontested divorce, which occurs when both spouses can agree on all major issues concerning the divorce. Through an uncontested divorce, couples can avoid litigation as they do not rely on a judge to determine the outcome as they’ve already reached an agreement on the terms that will apply to the termination of their marriage. The second type is a contested divorce. As mentioned above, a contested divorce occurs when spouses cannot agree on one or more significant issues concerning the divorce. As such, they will face litigation, where a judge will decide on their unresolved issues. If a couple disagrees, the court will consider it a contested divorce.
What is the main difference between these two kinds of divorces?
Besides the obvious, the primary difference between a contested and uncontested divorce is the legal process’s cost and time. While it may cost the same amount to file your divorce petition, couples that undergo a contested divorce are looking at a more expensive and time-consuming process. This is mainly because of the time for a contested divorce to be finalized. Uncontested divorces are usually resolved much faster because they don’t have to iron out the terms that will apply to the termination of their marriage through litigation as they’ve already been agreed to. Therefore, couples can avoid time-consuming procedures. Ultimately, the legal fees will be much less expensive in an uncontested divorce than in a contested divorce, as couples do not require more time and resources to resolve their disputed issues to reach a divorce settlement agreement.
If you’re considering dissolving your marriage, it is in your best interest to contact the Law Offices of Eyal Talassazan, P.C., to discuss your case and determine the best divorce route for your specific needs. Our firm is prepared to represent your interest today to maximize your chances of achieving the best possible outcome for your situation.