At first glance, an uncontested divorce may appear to have no downside in comparison to a contested divorce. Uncontested divorces are a type of divorce where both spouses agree on all the major issues, such as child custody, child support, spousal maintenance, and division of property. Still, divorce is never easy, even if both spouses agree on the significant issues. Despite its benefits, uncontested divorce has its disadvantages.
Pros and Cons of Uncontested Divorce in New York
While uncontested divorce seems like the ideal type of divorce, it is not the best option for every situation. Just as every marriage is different, each divorce is too. Before agreeing to an uncontested divorce, consider the advantages and disadvantages first. Maybe you will find that an uncontested divorce is perfect for your situation. However, you may instead discover that an uncontested divorce is not right for you and your spouse’s circumstances.
The following are pros and cons of uncontested divorce in New York:
- Pro: Uncontested divorces are generally quicker and less expensive than contested divorces.
- Con: If the power dynamic of a marriage is tipped toward one spouse, that spouse will often benefit much more from an uncontested divorce. They could bully their partner into agreeing to unsatisfactory terms, such as an unfair share of the couple’s marital assets or primary custody of the couple’s children. Uncontested divorce is an especially bad idea if the couple has a history of domestic violence.
- Pro: Generally, there is less conflict involved with an uncontested divorce. If both spouses are on the same page as far as the main issues concerning their divorce, an uncontested divorce can work out well for both.
- Con: If there are key issues you and your spouse don’t agree about, such as asset division or child custody, an uncontested divorce won’t work for you. You will just end up arguing and either failing to find a compromise or agreeing to terms that you will regret. You are better off pursuing a contested divorce, which will provide you with the proper forum and resources to handle complex negotiations regarding the terms of your divorce.
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At Levi Divorce & Family Law Attorneys, we understand that every relationship, and therefore every divorce, is different. What works for one couple may not work for another. Fortunately for our clients, our experienced legal team has an in-depth knowledge of New York divorce law and can guide them through whatever type of divorce process best meets their needs.
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