The term “uncontested divorce” is often used by couples who are considering a divorce and by those who work in family law. What exactly is an uncontested divorce, you may wonder, and how does it compare with a traditional litigated divorce? New York residents should understand the differences before taking the steps to end their marriages.
According to FindLaw, uncontested divorce methods are gaining in popularity. The two main types of uncontested, or amicable, divorce include mediation and collaborative law. With both methods, you and your spouse would be able to reach solutions to your divorce issues without a judge deciding for you. Mediation involves an impartial third party, who can assist spouses in finding solutions. In a collaborative divorce, each spouse has his or her own attorney, and everyone agrees not to litigate.
An uncontested divorce can take less time and cost less money than going to court. The process is private, rather than being a matter of public record, and it can reduce conflict and stress. However, you should understand that these options are not for everyone. It may be best to let a judge decide matters if substance abuse or domestic violence were present during your marriage. Litigation may also be necessary if you and your spouse are unable to resolve disputes on your own, or if you have complex child custody or property division matters.
Whether you decide on an uncontested or a court divorce, you may choose to seek experienced legal counsel. This can protect your rights and help you obtain the best possible outcome. This information is not meant to replace the advice of a lawyer.