In the public imagination, divorce proceedings are inextricably associated with bitter, acrimonious court battles over home ownership, child custody, and alimony payments. However, despite the ubiquity of this image, it is largely untrue when it comes to modern divorce. While many contested divorces can end in acrimonious court proceedings, this form of divorce accounts for only 5 percent of modern divorces. The remaining 95 percent are uncontested settlements, where the spouses come to their own agreement without a court.
If you're considering ending your marriage, it may be helpful to know the difference between a contested and an uncontested divorce. Knowing the difference between the two and the realities you face when filing for divorce is crucial.
uncontested divorce
An uncontested divorce is one in which the courts never have to get involved because the spouses are able to reach their own agreement on:
- Property division
- Child custody arrangements
- The amount paid for spousal maintenance (alimony)
- The amount of child support
The divorced couple then submits the agreement to the judge. If the judge decides that the arrangements are fair and equitable and were freely signed and agreed to without coercion, then the divorce is complete. While a lawyer isn't technically necessary, it can be a good idea for both spouses to be represented by a lawyer who can make sure everything is done legally and in the best interests of both parties.
Contested Divorce lawyer Brooklyn
A contested divorce is one in which the spouses cannot reach an agreement on their own and require the intervention of a court to make a decision. These divorces can be difficult in different ways than uncontested divorces: While coming to an agreement with your soon-to-be ex-spouse can be difficult, fighting them in court can be even more difficult.
If you cannot resolve your differences with your spouse, you may experience court proceedings and a Contested Divorce NY. It is usually a good idea to hire the services of an experienced divorce attorney, as the process can be intense.
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