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Uncontested Divorce vs. Contested Divorce

Uncontested Divorce vs. Contested Divorce

Posted By Meyers Law Group, P.C. || 11-Jul-2013

In the event of a divorce, there are going to be two possible categories that you and your spouse will fall under, either a contested divorce or an uncontested divorce. A contested divorce is usually the more difficult to go through, though sadly this cannot be avoided for some couples. In the event that there is a lot of strife or tension, and the couple is either unwilling or unable to reach an agreement for the terms of their divorce settlement, this would be categorized as contested.

In this case, the couple would likely each have their own respective lawyers and then litigation would be the next step in order to let the court determine what is best. Generally spouses will get caught up over matters of the division of their assets and property or over child custody and because they cannot come to terms together, they will need to have the judge make the final call.

Uncontested divorces, on the other hand, are when a couple is more willing to reach a settlement without having to take one another to court. Often times this will be done with the help of a divorce mediator who is an unbiased third party member who will assist the couple in their negotiations for the divorce agreement. Here they will have open discussion of how they wish to parent their children, scheduling, who gets the house or car, etc.

It is still encouraged for each spouse to have the representation of their own attorney even during mediation in order to protect their individual rights and needs during the process. Mediation, however, is an effective method for couples to avoid court, and do what they feel is best for their family.

Whether you are contested or uncontested, contact the Meyers Law Group today for a divorce attorney in Long Island!