uncontested divorce, contested divorce and litigation
When a marriage is in trouble, you may feel as if your life is being turned upside down. On top of facing a possible divorce, you find yourself dealing with words that you have never used before; a whole new vocabulary that can be difficult to understand. So let me try to clarify a couple of basics for you.
uncontested divorce
An uncontested divorce, means that you and your spouse are in agreement about getting a divorce, and that you believe that you will be able to reach an understanding on all divorce related issues including property division, spousal/child support, and a parenting plan for your children if needed.
A mediator can help you and your spouse develop this agreement, navigate some of the small bumps that you could encounter on the way. A Settlement Agreement will be drafted reflecting all your joint decisions so that you can proceed to the next step and obtain a divorce.
The parties may choose to have separate lawyers review the agreement after which one lawyer will submit the legal document to the court on behalf of one party and by not appearing in court to “contest” the divorce, the other party acknowledges agreement. The lawyers will help you finish the process so that you can sign the papers. Once signed the divorce process will be completed and you will be divorced.
contested divorce
A contested divorce means that you and your spouse are not in agreement on any of the divorce related issues and from the outset have chosen to go the adversarial route by each hiring your own attorney. Each attorney will fight to get the most for their client.
A protracted process of discovery will ensue, with each lawyer trying to expose faults and weaknesses of the other party in order to win. You may end up in an expensive litigation which could last for years. If the lawyers are unable to reach an agreement for you and your spouse, you will end up in court where the judge will be the one to make the final decisions for both of you and your children. He will issue orders that the parties will have to abide by.
If you have any comments or observations about this article,
please feel free to leave a comment using the “Leave a Reply” box below.
Do you know a friend or colleague whom you feel would find this article relevant?
Please feel free to forward this article to them.
Get Your FREE Copy of Jennifer’s
12 Critical Mistakes to Avoid When Considering a Separation or Divorce!!
If you have any questions or concerns about Mediation,
or would like to schedule a no fee mediation consultation,
please don’t hesitate to contact me today!
jennifer safian
divorce and family mediator
phone: (212) 472-8626
email: js@safianmediation.com
website: www.safianmediation.com
Divorce & Family Mediation, Upper East Side of Manhattan, NYC, New York, NY
4 Responses to uncontested divorce, contested divorce and litigation
Leave a Reply
Mediation = Satisfaction For You Both:
In mediation you can be as creative as you wish to be. Only you know the specifics of your lives, what works for you and what does not. As your mediator I’m there to help you “think outside of the box” if necessary, sometimes coming up with non traditional answers, but answers that will satisfy not only your financial needs but your emotional needs as well.
This is a great explanation of common misunderstandings. I would only add that most cases that start as contested cases, eventually settle short of trial –sometimes as a result of limited discovery on financial issues rather than in spite of it. I have a short article on my blog about a slightly different type of confusion over terms: uncontested divorce vs. no-fault divorce. http://wp.me/p231gi-2S
Thank you Lois for your comment and contribution!
I will keep you in mind if I get a call asking for a mediator in New York. I have never known who to send people to and now I do! I am in Southern California and can help your folks too.
Thank you Belinda.
I appreciate your thoughts and I will check out your website and keep you in mind should I get a request for someone in your area.