Should I Get an Uncontested Divorce or a Contested Divorce?

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Regardless of the couple, divorce can become a complex and overwhelming process. And to decide on which method of divorce to undergo, you and your spouse will have to assess whether you will be able to reach an agreement on your marital issues. Continue reading to learn whether you and your spouse should get an uncontested divorce or a contested divorce and how one of the experienced Suffolk County, Long Island divorce lawyers of Peter V. Mandi & Associates, Inc., can assist you throughout the process.

What is an uncontested divorce?

If you and your spouse can resolve all marital issues, you can get an uncontested divorce. Such marital issues include alimony, child custody, child support, child visitation, and division of assets, among others. With an uncontested divorce, you and your spouse will have the option of which method you would like to use for your divorce. Such methods include mediation, arbitration, and collaborative divorce instead of litigation. Opting for one of these divorce methods is voluntary, but overall they are more efficient both with time and finances.

Additionally, with an uncontested divorce, you and your spouse will likely mutually believe that your marriage cannot be fixed and agree to the arrangements of your divorce. With this, it is best that you cite no-fault grounds by declaring an “irretrievable breakdown for a period of six months or more prior to the commencement of the action for divorce.” This is because when no-fault grounds are ordered, neither you nor your spouse is putting the blame for the end of the marriage on the other. But if you cite fault grounds, you will allow your spouse to rebut your accusations. Such disagreement can, ultimately, turn this into a contested divorce.

For more information, contact a skilled Suffolk County uncontested divorce lawyer today.

What is a contested divorce?

On the other hand, if you and your spouse cannot resolve every marital issue, you will have to get a contested divorce. With these unresolved issues, a New York judge will have to step in to make the compromises on your and your spouse’s behalf.

More specifically, with a contested divorce, you and your spouse must first attend a compliance conference where the New York judge will attempt to make an initial settlement agreement. If not successful, your divorce will go to trial. At trial, the New York judge will hear both your and your spouse’s wants and needs. And after analyzing documents, bank statements, and other important considerations, they will finalize their decision.

For more information, contact a competent Suffolk County contested divorce lawyer today.


If you require strong and dedicated legal representation through a divorce or family law matter in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today.

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