Albany Family Law Blog

How do uncontested and contested divorces differ in New York?

Posted by Joanne P. Monagan, Esq. | May 01, 2021 | 0 Comments

Anyone looking to end their marriage should know that there are two options for doing so in New York – a contested and uncontested divorce. While both of these will result in the same result, which is an end to a couple's marriage, each process unfolds differently.   

If you're planning on getting divorced, then you should know a few points about both of these options. This knowledge may help you to prepare for what happens in your case.

Main differences between New York divorce options

contested divorce means that you and your spouse can't agree on the points regarding your divorce. An instance in which one of you agrees to end the marriage while the other does not may warrant you filing a contested divorce. The same logic may apply if you two can't agree with the legal reason for filing for divorce as well. Any disagreements about property division, child custody or finances may also warrant you pursuing a contested divorce. 

Divorcing couples that agree on all terms surrounding their split can pursue an uncontested divorce. It's much more likely for a couple that doesn't have children under the age of 21 to file an uncontested than it would be if they did. 

How can divorces be resolved?

Some couples seek to resolve their differences with the help of a third-party mediator or some collaborative law professional. Many spouses prefer this option as it's usually a faster and less expensive approach to reaching a divorce settlement than litigation is. Couples that resolve their divorces via the litigation process must generally attend multiple court hearings in their cases. 

You might find it helpful to discuss your case's details and potential ways to resolve your differences with an attorney. Your lawyer can advise you of your legal options so that you can make the most informed choice that protects your interests in your case.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment