What is an Uncontested Divorce?
Uncontested divorce—many people wonder what it is and how they can obtain one in New York, and frankly, in any state. I’m Katherine Miller, and I’ve been a divorce attorney in New York City and New York State for over 30 years. In fact, the majority of our cases are uncontested divorces. But what does that mean exactly?
You might be wondering, as a divorce lawyer, don’t people come to me when they need help resolving complex issues? Let me explain what an uncontested divorce really is. The difference between a contested and an uncontested divorce lies in whether you are asking the court to make decisions for you. When you go to court having already made all the necessary decisions, you’re filing for an uncontested divorce. If you think you might need a judge to make a decision for you, then it’s a contested divorce. Essentially, you’re saying, “Hey judge, we need you to intervene.” But if you don’t need the court’s intervention, it remains uncontested.
Now, does an uncontested divorce mean that you and your soon-to-be ex-spouse agree on everything and are walking into the courthouse hand in hand? No, it doesn’t. There are several ways to resolve the issues that need to be settled before filing for an uncontested divorce.
What are those ways? Well, you could try to work it out yourselves. This can be really challenging if you’ve been married for more than two years, have children, or have accumulated assets or financial issues that need to be resolved. But just because you can’t resolve it on your own doesn’t mean you can’t have an uncontested divorce.
Another option is mediation, where you and your spouse work with a neutral mediator to help navigate those difficult conversations. And believe me, these conversations can be really tough. You could also opt for a collaborative divorce, where you each hire lawyers, and those lawyers work together like mediators to resolve the issues without going to court. Or, you could simply hire lawyers to negotiate with each other and with you to reach a resolution.
There are many factors to consider. So, here’s what you can do: If you think mediation might work for you, provide your information in the comments below, and we’ll send you our mediation checklist to see if it’s a good fit. But if you know you need help or have any questions, feel free to contact me—I’d be happy to talk with you.
Thanks for listening.