Are you thinking about filing for divorce, but you aren’t sure what kind of divorce is right for you? Don’t worry! The experienced attorneys at Brian D. Perskin & Associates explain the differences between contested and uncontested divorces, as well as the difference between mediation and litigation.
An uncontested divorce is the simplest, and fastest, divorce one can file for. With an uncontested divorce, both parties consent to the divorce, and the terms of the divorce settlement are agreed upon. For instance, the plaintiff and defendant mutually agree that neither party will request maintenance, and that the plaintiff will receive full and exclusive use of the marital residence, while the defendant will become the sole owner of the couple’s vehicle. This, of course, is just an example and the specifics of your settlement will vary depending on your case.
Alternatively, a contested divorce is more difficult and often takes longer to reach settlement. Either both parties won’t consent to the divorce, or they will not agree to the terms of the divorce. Using the example from above, the plaintiff may request maintenance from the defendant (or vice versa), or neither party is willing to give up their ownership of the marital residence. Contested divorces can involve children, and often include child custody, visitation and support disputes between parties. Usually uncontested divorces will end up being heard in front of a judge because the parties cannot come to an agreement. Because of the increased amount of paperwork, communication between attorneys, filing documents with the court, and the court’s schedule, contested divorces take longer to resolve than uncontested.
If you find yourself in the midst of a divorce battle (whether contested or not), a perfectly viable option to avoiding the court room is mediation. Both parties, along with their attorneys, will sit down in a meeting with an unbiased mediator in an attempt to define a potential divorce agreement. The mediator will typically be an attorney who is member of the New York Bar Association and who has special training in mediation. During the mediation, both the plaintiff and the defendant will have an equal voice. A major benefit of mediation is that each party will emerge from the session with a happy result. Additionally, it is much more cost efficient and faster than litigation.
If you’re considering filing for divorce, or have had papers served upon you, it is in your best interest to hire an attorney. The lawyers at Brian D. Perskin & Associates have experience both in and out of the court room and are well versed in Matrimonial and Family Law. Contact them today to schedule your free consultation!