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 divorcemeans 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 mediation
upper east side of manhattan (nyc)
new york, ny
(917) 881 5206
jpsafian@gmail.com
Latest posts by Jennifer Safian (see all)
- misinterpreting your partner’s demeanor may lead to conflict - October 9, 2024
- demystifying the money talk - September 11, 2024
- why are we afraid to discuss money? - August 21, 2024
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.
I am working on a divorce with my wife and was wondering what to do if we are both in agreement. I did not know that we would still need an attorney even though we are in an agreement with the terms that we have decided upon. However, because it is a legal issue, I understand that we will need to have the aid of an attorney. Thanks for the clarification.
A mediator could help you review all your decisions and make sure that you have included all those that need to be included. An attorney needs to then prepare your legal settlement agreement. If you need more clarification, feel free to call me at the number on my website.