New York Contested & Uncontested Divorce Attorneys
Learn the Differences Between Contested Vs. Uncontested Divorce
Are you undergoing the grueling process of a divorce? At the The King Law Firm, we understand that divorce can be a complex process, especially when spouses do not always agree on marital matters. Many complications may arise throughout the divorce process, hindering couples from reaching a settlement. This can result in bringing your case to court where a judge has to act as a mediator in order to reach a settlement both spouses can agree on.
Even if you have an amicable, or uncontested divorce, having legal counsel is still recommended. It is vital that you have an aggressive and knowledgeable Bronx lawyer to represent you and guide you through the process.
Contact us for your free consultation.
What is an Uncontested Divorce & How long Does it Take?
To qualify for an uncontested divorce in NY, both spouses must agree to every term of the divorce itself. These terms are similar to contested in that they both relate to issues such as custody, support, and visitation. Even if you were to not agree to each term right away, services such as mediation can help both parties come together with a mutual decision. The length of time an uncontested divorce will take depends on several factors including how busy the courts are, how fast your spouse can return the necessary paperwork. Ideally, it can be resolved as quickly as six weeks, however every divorce is different which can increase waiting times upwards of six months or more.
How Much Does an Uncontested Divorce Take in NY?
Each divorce is different, thus the costs associated with it will differ on case by case basis.
What Happens in a Contested Divorce?
Contested divorce occurs when one or both spouses cannot agree on marital matters, prolonging the overall divorce process. Contested divorce can add additional stress, both financially and emotionally. Many couples who are involved in a contested divorce seek mediation before bringing their disputes to court, which can limit the amount of hostility and financial pressure involved.
Various matters being disputed in contested divorce can include:
- Division of marital property
- Division of marital assets
- Division of debt
- Child custody
- Child support
- Visitation rights
At The King Law Firm, we can fiercely protect your rights and ensure you receive the best possible settlement in a contested divorce. We also provide mediation services in order to save time, money, and the emotional toll that comes with divorce litigation.
Do I Really Need a Lawyer for an Uncontested Divorce?
When a couple agrees on everything or disputed matters were settled outside of court, it is referred to as uncontested divorce or simple divorce. New York law recognizes both contested and uncontested divorce. Uncontested divorce is ideally what couples want in order to avoid the extra time, money, lack of privacy, and complication that can arise in contested divorce.
While this may seem to be easily resolved without legal counsel, having a lawyers by your side is still very beneficial. A seasoned attorney can help you establish a strong plan for all matters involved in divorce, from child custody to property division.
No-Fault Divorce in New York
In the state of New York, couples can choose a no-fault divorce option, meaning a divorce completed through mutual consent with no-fault based grounds. In order to obtain this option, a marriage needs to be reported as irretrievably broken down for at least six months.
You can file a fault-based divorce for reasons such as:
- Cruel treatment
- Abandonment for a year or more
- Spousal imprisonment for three or more years
- Written separation agreement after living apart for more than a year
How Long Does a Contested Divorce Take in NY?
No case is identical and the duration of contested divorces may range dramatically. However, a standard timeline is anywhere from nine months to a year. The duration can differ for a variety of reasons including issues with custody, spousal support, and property division.
Our Experienced Firm Can Strongly Represent You
However complex your divorce may be, The King Law Firm can assist you in a timely and reasonable fashion. We are experienced in New York marital law, knowing the process of divorce whether it is contested or uncontested. We can provide thorough plans that are specific to your particular case, presenting your case aggressively and in an organized manner.
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