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When you’ve decided it’s time to pursue a divorce, there are certain steps you must take in anticipation. One of these steps is determining whether you should file a contested or uncontested divorce.
The type of divorce partially determines how long you can expect to engage in the divorce process. A New York divorce lawyer can assist you with filing and handling your divorce and give you personalized guidance concerning tasks and timelines.
Uncontested vs. contested divorce: What’s the difference?
You’ve likely heard of uncontested and contested divorce, but if you’re in the beginning stages of seeking a divorce, it’s important to know the difference between the two.
In an uncontested divorce, spouses are able to agree on major divorce topics, such as property division and alimony. Additionally, if a couple has children, they can work on a parenting and child support plan. Spouses can collaborate and solidify their plans into a divorce agreement, which they can submit to the court for approval.
On the other hand, a contested divorce is usually contentious. Filing a contested divorce is necessary when spouses are unable to agree on one or more essential divorce matters and need assistance from the courts to finalize their divorce.
There are major differences between contested and uncontested divorce, not only procedurally but also in regard to time and money.
Timeline for Uncontested Divorce
In an uncontested divorce, spouses approach their divorces in a more friendly, amenable manner. For this reason, uncontested divorces generally go much quicker than contested divorces.
New York does not have a waiting period, meaning there is no time you need to wait before your divorce is finalized. Therefore, the sooner you and your spouse can get your agreement in writing and submit it to the court, the quicker you can finalize your divorce.
A divorce attorney can assist you with your agreement. Also, you can seek help from a neutral, third-party mediator and go through the mediation process.
The uncontested divorce timeline varies, but you could be divorced as quickly as six to eight weeks. Not only are uncontested divorce cases solved faster, but they’re also commonly more cost-efficient.
Timeline for Contested Divorce
Contested divorces are usually more lengthy than uncontested divorces. Contested divorces are treated like other civil lawsuits since you require assistance from the court system.
You’ll begin your case by filing a petition with the court and serving your spouse with copies of court documents to notify them of the impending case. Then, your spouse must file their response with the court before you can formally begin your case.
The discovery phase is often the most time-consuming part of a divorce case, as this is the time both parties and their lawyers build and strengthen their cases. Depending on the circumstances, you may be able to settle your case, but some contested divorce cases do end up in trial.
The contested divorce timeline depends on many factors, including the level of cooperation from both parties and the complexity of the case. Some contested divorces are resolved in just a few months, while others take years to finalize.
Seeking Legal Representation for Your Divorce Case
Whether your divorce case is contested or uncontested, you should not hesitate to seek assistance and representation from an experienced divorce attorney. The divorce lawyers at Aiello & DiFalco have extensive experience handling a variety of divorce cases and working with clients to achieve beneficial case results. At Aiello & DiFalco, we regularly work with clients in Garden City, NY, and the surrounding areas. Contact our office, and let’s discuss how we can serve you.