What is the Difference Between a Contested and an Uncontested Divorce?
I’m often asked as a Buffalo NY Divorce Lawer whether or not there is a difference between a contested and an uncontested divorce. And an uncontested divorce is a situation where the parties have pretty much have agreed upon together. What it is that they’re going to do as far as their assets are concerned? What they’re going to do as far as custody and access to the children are concerned? And then we can prepare an agreement, and that agreement can be incorporated into a judgment of the divorce at a later date or shortly after the agreement has been signed in executed by the parties. Then essentially is an uncontested divorce where the parties are not in odds with one another in what the distributions of the assets are going to be? The support? Maintenance, and of course, the access for the children.
And, of course, a contestant proceeding is just an opposite. It’s where you have a situation with the parties can’t agree on who’s going to have custody. We can’t agree on what the maintenance is going to be, or if there’s going to be any spousal maintenance at all? A situation where one party or the other party feels like the other parent is not suitable to have overnight visitation or access to the children on what I would assumed to be a more regular basis. When you have issues like that where it can’t be resolved by the parties or through the attorneys to negotiations, then the divorce becomes contested, we go downtown, we’d file request for decisional intervention, and the court then is going to sit us down for a pre-trial and help us mediate that type of arrangement between the parties.