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The Difference between Contested and Uncontested Divorce

When a couple wants to dissolve their marriage in a divorce, there are two options in which they can choose to proceed: contested divorce or uncontested divorce. The difference between the two relies on whether the spouses are able to come to an agreement or not. If they are not able to settle on matters of their dissolution, their divorce is considered a contested one and can rely on the involvement of the court system to help them decide. There is no right or wrong way to proceed with a divorce, but understanding the differences between contested and uncontested divorces can help you decide which process is best for you and your spouse.

What Is Involved in a Contested Divorce?

Contested divorce is for couples that cannot agree on one or more matters involving the dissolution of their marriage. When spouses cannot come to an agreement, the divorce will rely on the decision of a judge to give a final ruling.

These matters include:

Contested divorce is sometimes necessary, especially when it involves matters like child custody or alimony. Such topics are often attached to strong opinions and emotions that can only be settled by a judge.

Is it Possible to Have an Uncontested Divorce?

Many couples don’t want a judge to decide the rules of their divorce and opt for an uncontested divorce instead. Uncontested divorce is a viable option if both spouses are willing to communicate and compromise when finalizing the details of their divorce. With the help of a mediator, a couple and their divorce attorneys can come to an understanding.

If you are in need of a Brooklyn divorce attorney to represent your contested or uncontested divorce, our team at Coffinas & Lusthaus, P.C. has the experience and skill to provide you with the legal advocacy you need. Call (718)717-1005 today!