If you have been thinking about divorce, searched the term or posted about it online, you likely have seen the term, “uncontested divorce” pop up a few times. Indeed, recently, it has been trending.
An uncontested divorce in New York
Essentially, an uncontested divorce is one where you submit your divorce settlement to the court with no outstanding issues. You and your soon-to-be ex-spouse work out the grounds for divorce, divide your marital debts and assets, decide child custody and support, figure out whether spousal maintenance is warranted, and if so, the amount and how health insurance coverage will continue.
If you both can agree on everything, then, you can file an uncontested divorce that avoids the needs for costly divorce litigation.
The difference from a contested divorce
The biggest difference between an uncontested and a contested divorce is that in a contested divorce, the court resolves your issues, or at least the unresolved issues, and in an uncontested divorce, you and your soon-to-be ex-spouse resolve all of the issues. Another huge difference is the cost, time and stress. An uncontested divorce is less stressful, much faster and cheaper.
Why? Because you avoid hiring multiple lawyers, though you should still likely bring in at least one to make sure your documents are in order and legal, avoid the hassle and costs of protracted court proceedings and the ongoing fees that attach.
Plus, you keep your private matters just that, private. The court record will only reflect your divorce basics, not the details of your divorce settlement agreement nor what it took to get there.
Is it for us?
Maybe, but it is not for every couple. If you cannot communicate or compromise, an uncontested divorce is likely not an option. If there is a history of abuse (substance or domestic), mental health issues or complex financial issues, an uncontested divorce is also likely not advisable.