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The Difference Between a Contested Divorce Lawyer and an Uncontested Divorce Lawyer

Dec 19

The difference between a contested and uncontested divorce is significant, especially if you and your spouse have children. A specialist uncontested divorce lawyer may be needed to help you navigate the complicated process if your situation is more complex. Generally, an uncontested divorce involves fewer court appearances, but you can still expect a lengthy trial. It is important to determine if your spouse and you can agree on child custody, property distribution, and alimony.

The type of case is what makes a contested or uncontested divorce different. A disputed divorce is a legal battle between the two spouses. In contrast, an uncontested divorce is an agreement between the parties, which means that the parties don't have to fight over the issues in the divorce. Uncontested divorces will typically involve key issues such as child custody, child maintenance, and property division.

While an uncontested divorce is generally more straightforward than a fought one, it can still be quite complex. A negotiated divorce will likely take at least three months to complete. However, the timeline can vary. Some uncontested divorces can be settled within six weeks, while more argued cases may take a year or more. You should seek a reputable and experienced uncontested divorce lawyer with an established record of success.

The type of litigation is what makes a contested or uncontested divorce different. Mediated divorce is uncontested and both parties agree to all terms. A defended divorce, on the other hand, is contentious and requires that both sides go to trial. These cases can be expensive, so it is important to speak with an experienced attorney. It can take many years to resolve a contested divorcement because of the length of a pending judicial proceeding.

Similarly, a contested divorce lawyer will be able to negotiate with a judge without having to litigate over the terms of your marriage. Both spouses must agree to the terms of a contested divorce. Uncontested divorce allows both spouses to decide all aspects of the divorce. The judge will then grant a divorce. After the alimony, child custody, and property division, the judge will grant the divorce.

The cost is the main difference between an uncontested and contested divorce. Uncontested divorces will take longer and will result in more expensive and stressful legal proceedings. A negotiated divorce is less costly than a partisan-contested divorce. It is not uncommon for a litigant to hire a contested or an uncontested lawyer.

The Law Office of Ryan Besinque | Divorce Attorney and Family Law Firm | Child Support Lawyer | Prenuptial Agreements - Manhattan

115 W 25th St 4th floor, New York, NY 10001, United States

(929) 251 4477