Contested VS Uncontested Divorce in Suffolk County

There are many misconceptions on what is the difference between a “contested” divorce and an “uncontested” divorce. The following summarizes the differences between the two choices of action of how to proceed at the onset of a divorce matter:

A contested divorce is one where the parties are unable to agree on all of the issues involved in their case and a Trial must take place in the Supreme Court of New York. A divorce may be contested when one spouse either does not want the divorce and/or there is no agreement between you and your spouse on certain issues including child custody, child support, spousal maintenance, distribution of marital assets and marital debts, and the distribution of marital property between both parties. In a contested divorce, a Judge will make the final determination, after a trial, to any outstanding issues that cannot be resolved between the parties. Ultimately, the Judge will issue a final order which is binding for both parties.

An uncontested divorce is one where the parties are able to resolve the issues involved in the case. With the assistance of our knowledgeable counsel who will explain to you all of your rights and responsibilities under the law, the parties may enter into a formal agreement with all of the necessary terms. Our office will prepare all of the paperwork and submit the necessary court documents to obtain a divorce without court intervention.

Zimmer, Mathiesen & Associates has a history of more than twenty-five years of bringing parties to an agreeable and successful conclusion without the need for Court intervention. However, if both parties reach an impasse and cannot agree to final terms, we have the necessary ability to defend your interests at Trial. Contact us today to receive FREE Immediate Expert Advice.

In an uncontested divorce, both you and your spouse must agree to the divorce and agree on all of the pertinent issues such as child custody, child support, distribution of assets and debts, and the distribution of marital property. An uncontested divorce permits the parties to come to an agreement without the lengthy Court process.

In an uncontested divorce, you may not have formally agreed on all of the necessary terms to form a complete agreement with your spouse, but you may think that you and your spouse could come to an agreement with some assistance. If you and your spouse would like an uncontested divorce, our divorce attorneys will be happy to assist you in the order to prepare your final settlement agreement and submit your uncontested divorce paperwork to the court. If you would like to consider an alternative option to an uncontested divorce, you may consider divorce mediation. Our experienced attorneys are capable of resolving your divorce matter in a way that best fits your needs, whether it be a contested divorce, an uncontested divorce, or a divorce mediation.