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Divorce: Contested or uncontested, what’s the difference?

For some couples in New York and elsewhere, the dissolution of marriage is a long, drawn out process in which numerous disagreements and arguments occur. Other couples, though, may be able to get through the divorce process swiftly and with few issues. The ability to quickly resolve the matter is the difference between an uncontested and contested divorce.

In an uncontested divorce, both spouses have a mutual desire to end the marriage. Along with that, they agree on how property is to be divided and what will happen to children — if applicable. Divorcing couples in this type of situation are typically able to reach an agreeable settlement without the need for court intervention. However, utilizing legal counsel during negotiations is wise in order to ensure the final settlement is truly fair for both parties.

A contested divorce, on the other hand, means that at least one spouse disagrees with the divorce in some way and that both spouses are unable to come to terms regarding asset division and/or child custody — if applicable. These cases often cannot be settled through out-of-court negotiations. Instead, litigation is required. A judge will be presented as much applicable information as possible from both sides and then he or she will determine a final settlement.

Whether going through an uncontested or contested divorce in New York, seeking legal guidance is strongly advised. Both parties should be able to walk away from the marriage with a financial settlement that is satisfactory and custody arrangements that best fit the needs of the family. Even if a divorce is contentious, it is possible resolve the matter in a manner that considers the interests of all involved parties.

Source: nycourts.gov, “Divorce Resources: What is the difference between a Contested and an Uncontested Divorce?”, Accessed on Aug. 10, 2016

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

We as a nation have overcome great obstacles in the past and although the challenges that lie ahead of us as community, as a state, and as a nation are great, we will overcome them as our resilience as individuals, as a community and as a nation will allow us to prevail.

May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP


Should you have any questions please feel free to contact us at 845-566-5345

For more information regarding the COVID-19 virus please visit any of the following sites:

Centers for Disease Control and Prevention

NYS Department of Health

Orange County Dept. of Health

Ulster County Dept. of Health

For information and updates regarding court postponements or closings please visit:

NYS Unified Court System

9th Judicial District

3rd Judicial District