New York City divorce attorney Ryan Besinque (https://www.besinquelaw.com/contested-vs-uncontested-divorce-what-is-the-difference/) of The Law Office of Ryan Besinque has published a comprehensive article titled “Contested vs Uncontested Divorce: What Is the Difference?” This new piece sheds light on the distinctions between these two types of divorce, providing valuable information to those navigating the challenging process of marital dissolution.
New York City divorce attorney Ryan Besinque emphasizes the importance of understanding whether a divorce is contested or uncontested as this can significantly impact the divorce proceedings. “Each divorce case is unique. While some can be handled amicably through cooperation, others are emotionally charged due to personal circumstances. Knowing the type of divorce can help in preparing for the legal journey ahead,” Besinque explains.
In his article, New York City divorce attorney Ryan Besinque defines the two types of divorce in New York – contested and uncontested. An uncontested divorce occurs when both parties agree on all major issues such as asset distribution, child custody, and spousal support, requiring minimal court intervention. Conversely, a contested divorce involves disagreements that necessitate court proceedings to resolve.
“A contested divorce can happen if one spouse does not want the divorce or if both parties cannot agree on key issues,” says Besinque. “This often leads to a more complicated and prolonged process, typically requiring multiple court hearings and legal procedures.”
The article outlines several key differences between contested and uncontested divorces, beginning with the complexity of the case. Divorce litigation in contested divorces demands more legal assistance due to the number of hearings and depositions required. Besinque points out, “In uncontested divorces, the agreements made are usually final once the judge issues a judgment, barring exceptional circumstances. However, contested divorce judgments can often be appealed, adding to the complexity and duration of the case.”
Another critical difference discussed is the duration of the divorce process. Uncontested divorces in New York can take as little as three to six months, depending on factors like the complexity of assets and the presence of children. In contrast, contested divorces can span nine months to a year or more, especially if there are allegations of domestic violence or abuse that require thorough investigation.
New York City divorce attorney Ryan Besinque also addresses the financial implications of each type of divorce. “Contested divorces are generally more expensive due to additional court and attorney fees, and sometimes costs for investigators,” he notes. “Uncontested divorces, on the other hand, involve fewer expenses, primarily related to filing and court fees.”
The emotional toll of divorce is another significant aspect highlighted in the article. Contested divorces can be mentally and emotionally draining for all involved, often leading to heightened frustration and anxiety. Besinque advises, “Even in uncontested divorces, compromise is necessary, but the emotional strain is typically less severe compared to the adversarial nature of contested divorces.”
For those considering divorce, Besinque recommends consulting an attorney to understand the potential costs and legal processes involved. “An experienced attorney can guide you through the complex aspects of divorce, whether contested or uncontested, helping ensure that your and your family’s best interests are protected.”
Seeking assistance from a professional, whether through legal counsel or therapy, is crucial during this transitional period. “Your well-being and that of your family should be a top priority,” Besinque emphasizes. “An attorney can provide objective support and help you navigate the legal challenges, while counseling can aid in managing the emotional aspects of divorce.”
The type of divorce chosen should be based on the couple’s relationship and individual circumstances. Besinque concludes, “Whether you opt for a contested or uncontested divorce, making an informed decision with the help of a knowledgeable New York City divorce attorney can make a significant difference in the outcome and the emotional impact on your family.”
For those facing the difficult decision of divorce, understanding the differences between contested and uncontested divorces is a critical first step. Consulting with a skilled attorney can provide clarity and help in making the best choices for the future.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque can provide comprehensive family law services to clients in New York City. Led by Ryan Besinque, the firm is committed to offering compassionate and knowledgeable legal assistance in matters of child custody, divorce, and other family law issues. The Law Office of Ryan Besinque can help families navigate the complex aspects of family law with confidence and clarity, helping ensure clients’ needs are met and their rights are protected.
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