A contested divorce means that there are unresolved issues, which you can't resolve that require court intervention. Contested divorces often take much longer than uncontested divorces because the spouses or their attorneys must conduct discovery. Discovery is a legal process where both sides ask the other to produce evidence, like financial documents, text messages, and anything else relevant to the contested issue.
For example, if one spouse claims that the other is hiding assets, that spouse can serve discovery including a request to produce documents, like bank records and tax returns and even send a subpoena to third parties like banks, partners, and personal accountants.
Additionally, it takes significantly longer to complete a contested divorce because spouses and their attorneys need to present evidence, such as documents and witnesses, to the court during the trial. As with any legal proceeding, the entire process costs more money the longer it takes and becomes more involved. Aside from time and money, one of the biggest downfalls of a contested divorce is that the judge not the spouses maintains control over the outcome.
When couples work together to create a divorce settlement agreement, they control what happens to their family. For example, although the couple may disagree on frequency and the exact days for custody exchanges, they may agree that shared custody is best for the children.
However, when the court becomes involved, a judge may see custody completely different. It depends. In most cases, couples will only need to wait for their state's mandatory waiting period to expire before the judge will finalize the divorce.
Some states may waive the waiting period if the couple meets specific requirements. Divorces are expensive, but uncontested divorces are historically cheaper than contested ones. Couples will need to pay the filing fee to start the legal process unless the court waives it , and you may incur fees when each spouse hires an attorney to review the documents. However, by using the uncontested divorce process, you'll save significant legal fees by avoiding discovery, court hearings, and fighting between spouses and lawyers.
No state requires couples to hire attorneys to file for divorce. You can proceed without an attorney. However, if you choose to represent yourself, the court will expect you to understand the law and the documents you sign and submit to the court. To ensure that you're not giving up any of your legal rights, it's always best to consult with an experienced family law attorney to review any settlement agreements or court documents before you sign.
Depending on where you live, the law may require you to attend a hearing to finalize your divorce. Uncontested divorces in most states do not require multiple hearings for the judge to finalize the divorce. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support.
Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Call us at 1 What Is a "Contested" Divorce? Learn more about the contested divorce process. What Does Contested Divorce Mean? Contested Versus Uncontested Divorce Typically, there are two kinds of divorces.
Uncontested Divorce An uncontested divorce means that both spouses agree on all of their divorce-related issues. Contested Divorce A contested divorce is just what it sounds like: one or both spouses contest dispute some aspect of their divorce. With a contested divorce, spouses will have to go through numerous steps before the divorce is finalized, including: prepare, file, and serve deliver the divorce petition legal paperwork asking for the divorce and stating the grounds for the breakdown of the marriage respond to the petition interview and hire an attorney engage in "divorce discovery" — the information gathering process, which involves various legal procedures to get information from your spouse and third-party witnesses e.
If you have reason to fear your spouse, you can ask for a temporary court order to be scheduled immediately. You and your spouse must be present at this short hearing to resolve questions of child custody, visitation, support, or property disputes. The judge will issue an order binding you and your spouse from taking specific actions such as selling assets until trial.
The judge requests a hearing. While many uncontested divorces do not require hearings, a judge can potentially request a hearing for any case. She is effective and ethical and did a fabulous job representing me in a complex divorce case. I would strongly recommend her. She also knows many lawyers and judges in Brooklyn, which helped in planning my case.
She worked harder and smarter for me than the fancy lawyers my former husband used who charged double her rate AND she got me a better settlement in the end. She is invested in a good outcome for her client and is willing to fight for the best result through litigation or settlement. She is a true expert in all What do I bring with me to my initial consultation? Does it matter which lawyer provides my consultation? What are the grounds for divorce in New York? How long does it take to get a court date or to have my case fully resolved?
How do I make an appointment for a consultation? How long does an uncontested divorce take in New York? Can my spouse be forced to move out of the home once I start the divorce action? How does my spouse's bad behavior during the marriage impact the divorce action? What should I do if I was served with a summons for divorce? Is it true that the mother always gets custody of children unless she is unfit? How can I hire an attorney to represent me if my spouse controls all of our money?
What happens when my spouse fails to comply with a court order?
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