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, provides valuable insights into the differences between contested and uncontested divorces. Divorce can be a complicated and emotional process, and understanding the key distinctions between these two types of divorce is crucial for individuals tackling the legal system in New York.
Ryan Besinque, a dedicated New York City divorce attorney, emphasizes that each divorce is unique. While some couples can amicably resolve their differences and reach agreements, others face conflicts that require court intervention. “The type of divorce you pursue depends on whether you and your spouse can work through your differences and agree on the major concerns of your divorce without needing court intervention,” says Besinque.
A divorce is classified as uncontested when both parties reach a mutual agreement on all critical aspects, including asset division, child custody, and support arrangements. An uncontested divorce is often the preferred route because it allows couples to avoid lengthy legal battles, reducing both emotional and financial strain. According to New York City divorce attorney Ryan Besinque, “An uncontested divorce is one in which the couple can agree on the major concerns of their divorce and only need mediation or minimal court intervention.” This streamlined approach often leads to faster resolutions and fewer legal expenses.
On the other hand, contested divorces arise when couples cannot agree on one or more key issues. Disputes may revolve around financial matters, child custody, or alimony. A contested divorce often involves court hearings, legal motions, and additional legal fees, making it a longer and more stressful process. Besinque highlights that contested divorces can also occur when one spouse does not consent to the divorce, further complicating the proceedings.
One of the most significant differences between contested and uncontested divorces is the complexity of the legal process. A contested divorce typically requires more time and resources due to court proceedings, depositions, and legal arguments. Besinque explains that contested divorces are more likely to be appealed because they involve judicial rulings, whereas uncontested divorces result in legally binding agreements that cannot be easily challenged.
The duration of a divorce also depends on whether it is contested or uncontested. In New York, an uncontested divorce can be finalized within three to six months, depending on the efficiency of the legal process and the couple’s ability to cooperate. Contested divorces, however, can take anywhere from nine months to over a year, especially when disputes require extensive court intervention. Factors such as child custody disputes or allegations of domestic violence can further extend the duration of a contested divorce.
Financially, contested divorces tend to be more expensive due to additional court fees, attorney costs, and potential expenses related to investigations or professional witnesses. Uncontested divorces, on the other hand, generally involve lower costs since the couple can reach agreements without prolonged legal battles. Ryan Besinque advises individuals considering divorce to carefully weigh the financial implications of each option before proceeding.
Beyond the financial and legal aspects, divorce also has an emotional impact on the individuals involved. Contested divorces can be particularly stressful, as they often involve heightened tensions and prolonged legal disputes. In some cases, communication between spouses has deteriorated to the point where cooperation is nearly impossible. Besinque acknowledges the emotional toll that divorce can take, noting that high-conflict cases can be draining for both spouses and their families.
For those facing divorce, deciding whether to pursue a contested or uncontested process depends on several factors, including the ability to communicate effectively, the complexity of the marital assets, and the level of conflict. Couples who can negotiate and reach agreements independently often benefit from an uncontested divorce, while those with unresolved disputes may need to prepare for a contested legal battle.
Seeking professional legal guidance is crucial in either scenario. Ryan Besinque and the team at The Law Office of Ryan Besinque can assist clients in both contested and uncontested divorce proceedings, providing legal representation and strategic advice to help clients achieve the best possible outcome. Whether through mediation or litigation, having an experienced New York City divorce attorney can make a significant difference in the divorce process.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque provides legal representation in family law and divorce cases in New York City. Ryan Besinque is dedicated to helping clients manage the complex aspects of divorce, protecting their rights and best interests. The firm offers guidance in both contested and uncontested divorces, assisting clients in achieving fair and efficient resolutions.
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Website: https://www.besinquelaw.com/
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Phone: (929) 251-4477
Address:115 W 25th St 4th floor
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State: New York 10001
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Website: https://www.besinquelaw.com/