Uncontested vs. Contested Divorce in NY: Which is better for you?

Dissolving a marriage is an extremely personal, stressful, and important decision that requires the utmost consideration. The first choice you will face when pursuing a divorce in New York is determining which type of divorce is right for you. In New York State, divorces generally fall into two categories, contested and uncontested.

Understanding the difference between the two can help you make informed decisions and set realistic expectations for the process ahead.

The choice between the two depends on several factors, including the couple's relationship dynamics, financial circumstances, and willingness to compromise.

What is a Contested Divorce?

A contested divorce occurs when spouses are unable to agree on one or more key issues. Maybe there is a disagreement about how to divide the marital home or business, how much maintenance (alimony) one spouse should receive, or how parenting and support should be arranged.

If that resolution isn’t possible without intervention, the court will intervene and might require hearings, settlement conference, and possibly even a trial.

When a contested divorce may be the right choice for you:

• When spouses cannot reach a fair agreement and each needs legal counsel.

• When spouses disagree on financial issues, business interests, parenting or custody, or property ownership.

• When one or both spouses needs a judge to intervene in order to safeguard spousal rights.

What is an Uncontested Divorce?

An uncontested divorce is one where both spouses are on the same page about major issues: property division, maintenance (alimony), child custody/visitation and support.

As there are no major disputes requiring trial, uncontested divorce is typically faster, less expensive, and less adversarial.

When an uncontested divorce may be right divorce type for you:

• Both spouses get to decide on all issues rather than leaving them to a judge to decide.

• Both spouses wish to reduce stress, conflict, and fees. Faster resolution and fewer court appearances.

• Both spouses wish to resolve the marriage quickly.

Deciding how to move forward with your divorce can feel overwhelming, especially when emotions and practical concerns overlap. The best approach to divorce depends on your unique circumstances.

If you and your spouse can cooperate and communicate openly, an uncontested divorce may offer a quicker and more affordable resolution. But if disagreements or trust issues exist, a contested divorce can provide the legal protection you need.