Understanding the Differences Between Contested Divorce and Uncontested Divorce in New York

There are two types of divorce in New York —a contested divorce and an uncontested divorce.  Understanding the differences between contested divorce and uncontested divorce in New York will ultimately determine how a case proceeds through the legal system from inception to the entry of the Judgment of Divorce.  There are a number of issues (both legal matters and practical matters) to keep in mind when deciding whether a contested vs. uncontested divorce is right for your situation, including the impact it can have on your future. Understanding these two distinct paths will aid in making informed decisions and advancing a case in the most beneficial fashion.

What is an Uncontested Divorce in New York?

An uncontested divorce occurs when both spouses agree on all the major issues surrounding their dissolution. This includes matters such as property division, child custody and support, spousal maintenance (alimony), and any other relevant concerns. Essentially, both parties are on the same page regarding the terms of the divorce, allowing for a smoother and often quicker legal process. 

Requirements for an Uncontested Divorce in New York

To file for an uncontested divorce in New York, certain criteria must be met.  Specifically, there must be an agreement on all substantive issues.  Both spouses must agree on all aspects of the divorce settlement. This agreement should be documented in a written stipulation of settlement, which is incorporated into the Judgment of Divorce.

Additionally, both parties must agree on the grounds for divorce. New York recognizes both fault and no-fault grounds for divorce. The most commonly used is the no-fault ground of “irretrievable breakdown of the marriage,” which means the relationship has been broken for at least six months. This ground simplifies the process, as neither party needs to prove wrongdoing.

Advantages of Uncontested Divorce

• Cost-Effective: Fewer legal disputes mean lower attorney fees and court costs. In many cases, an uncontested divorce can be handled for a fraction of the cost of a contested one.
• Expedience: Without prolonged litigation, the divorce can be finalized more quickly. Instead of spending months or years litigating a case in court, an uncontested divorce may be submitted for signature in just a matter of weeks.
• Privacy: In an uncontested divorce, details remain more confidential compared to contested cases, which will likely be litigated in an open courtroom. This privacy can be especially important for couples with high-profile careers or personal concerns about public exposure.
• Less Stressful: An uncontested divorce may reduce the emotional strain by minimizing conflict. An amicable resolution can set a positive tone for post-divorce interactions, which is particularly beneficial if children are involved.

What is a Contested Divorce in New York?

A contested divorce, on the other hand, arises when spouses cannot agree on one or more key issues. Disagreements may pertain to asset distribution, child custody arrangements, support payments, or other significant matters. When consensus cannot be reached, the court intervenes to make determinations based on legal statutes and the best interests of any involved children.

Common Reasons for Contested Divorces

• Disagreements Over Asset Division: Conflicts over who gets what, especially in high net worth divorces involving real estate, investments, retirement accounts, or businesses.
• Child Custody and Support: Disputes regarding who will be the primary caregiver, visitation schedules, and the financial responsibilities for the children’s upbringing will often necessitate contested litigation.
• Spousal Support: Contentions about the amount and duration of alimony payments, particularly if there is a significant disparity in income or earning potential between the spouses may justify contested litigation.
• Accusations of Misconduct: Allegations of adultery, abuse, abandonment, or other forms of marital misconduct can complicate the proceedings and increase animosity.
• An Imbalance of Power, Domestic Violence or Mental Illness. The discussions and negotiations necessary for an uncontested divorce may not be feasible for any number of reasons.

The New York Contested Divorce Process

The contested divorce process in New York can be broken down into several general categories.

1. Filing for Divorce: One spouse initiates the process by filing a Summons with Notice or a Summons and Verified Complaint with the Supreme Court.  The party who files this paperwork is deemed to be the Plaintiff.  The other party is the Defendant.
2. Serving the Defendant: The Defendant is formally notified of the divorce action through proper legal service, which starts the clock for their response.
3. Response (either a Notice of Appearance or Verified Answer with Counterclaims): The served spouse (Defendant) generally has only 20 days to respond to the initial paperwork after service.  If served with a Summons with Notice, the Defendant will generally respond with a Notice of Appearance.  If served with a Verified Complaint, the Defendant will generally respond with a Verified Answer and Counterclaim.
4. Discovery Phase: Both parties exchange information and documents relevant to the case. This can include a Statement of Net Worth, financial records, property appraisals, and other evidence necessary to substantiate claims.  This is sometimes referred to as disclosure.
5. Pre-Trial Motions and Hearings: Preliminary issues are addressed, such as temporary support orders, custody arrangements, and restraining orders if necessary.
6. Settlement Attempts: Mediation or negotiations are often attempted to resolve disputes. The court may require participation in Alternative Dispute Resolution (ADR) to encourage settlement.
7. Trial: If no agreement is reached, the case goes to trial. Both parties present evidence and witness testimony, and a judge makes the final decisions on contested issues.
8. Judgment of Divorce: After the trial, the judge issues a Judgment of Divorce, which legally ends the marriage and outlines the terms set by the court.

Key Differences Between Contested Divorce and Uncontested Divorce

• Time and Cost
  • Uncontested Divorce: Generally completed within a few months, depending on court schedules. Costs are significantly lower due to reduced attorney hours and court fees.
  • Contested Divorce: Can take a year or even several years or more to finalize. Legal fees and court costs can escalate quickly due to the extended time frame and complexity. Litigation expenses can become substantial, especially if expert witnesses, forensic accountants, or child custody evaluators are involved.

• Complexity
  • Uncontested Divorce: Simpler process with fewer legal hurdles. The paperwork is straightforward, and court appearances may be minimal or not required.
  • Contested Divorce: Involves multiple legal proceedings, documentation, and court appearances. The process can be complicated by motions, hearings, and the need for extensive preparation.

• Emotional Impact
  • Uncontested Divorce: Typically less emotionally draining, fostering a more amicable post-divorce relationship. This can be particularly important for co-parenting and maintaining stability for children.
  • Contested Divorce: High levels of stress and conflict can strain relationships further, impacting families and children. The adversarial nature of litigation can exacerbate tensions and prolong emotional recovery.

How to Decide Whether a Contested Divorce or Uncontested Divorce is Right for You

Choosing between a contested and uncontested divorce depends on your unique circumstances. Here are some factors to consider:

• Level of Communication
  • Uncontested Divorce: If you and your spouse can communicate effectively and are willing to negotiate, this path may be feasible.
  • Contested Divorce: If communication has broken down or there is significant animosity, a contested divorce might be unavoidable.

• Complexity of Assets
  • Uncontested Divorce: Couples with straightforward financial situations may find it easier to agree on asset division.
  • Contested Divorce: High-net-worth individuals or those with complex assets like businesses, investments, or significant debts may require judicial intervention to ensure equitable distribution.

• Children Involved
  • Uncontested Divorce: When both parents agree on what’s best for the children, this option can help maintain a stable environment.
  • Contested Divorce: Disputes over custody and child support arrangements can make a contested divorce necessary.

• Time and Financial Resources
  • Uncontested Divorce: Saves time and money, allowing both parties to move on more quickly.
  • Contested Divorce: Requires a significant investment of time and financial resources, which may be burdensome.

Long Island Divorce Lawyers

Regardless of whether you are facing an uncontested or contested divorce, the emotions and legal process can be overwhelming. 

An experienced divorce attorney can help you to protect your rights and best interests throughout the entire legal process.  When searching for a trustworthy divorce lawyer, contact Louis L. Sternberg, Esq. today to discuss your case and to schedule your free consultation.