Albany Family Law Blog

The pros and cons of uncontested divorces

Posted by Joanne P. Monagan, Esq. | Jan 18, 2023 | 0 Comments

A typical divorce usually concerns bickering exes, lots of money and a long, drawn-out process. That said, there's the option of an uncontested divorce, which involves both spouses reaching a unanimous decision regarding all their issues. However, they're still required to pursue divorce litigation. 

Some couples choose uncontested divorces because they're easier and more amicable than many other types of divorces. But they have their advantages and disadvantages as shown below.

An uncontested divorce has its benefits

Uncontested divorces take less time than contested divorces: Some divorces can take months or even years to finalize for various reasons. An uncontested divorce — particularly in New York — takes about six weeks, bearing some exceptions. 

There's less mental/emotional baggage associated with a unanimous divorce: After a divorce, many individuals usually feel great emotional anguish, especially if they were abuse victims and said divorce was a years-long court battle. Since uncontested divorces are quick, simple and based on a consensus from both parties, it's less likely to be emotionally burdensome.

There are some negatives to uncontested divorces

It may not be appropriate for couples with shared assets: If a couple shares a bank account or building, filing an uncontested divorce can complicate things. Because of the intricacies behind real estate and personal finance, it'd be difficult to decipher who gets what during divorce proceedings.

An uncontested divorce doesn't work if there is even one issue over which the couples disagree. Couples have to agree on everything for a successful uncontested divorce. If there's a sticking point, such as child custody, it might turn into a contested divorce.

Filing an uncontested divorce can be a great way to dissolve a marriage and stay on good terms. You have to ensure it's appropriate for your situation, though. If you and your spouse are considering an uncontested divorce, reach out to experienced legal guidance for assistance.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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