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Contested vs. Uncontested Divorce

There are two types of divorces: contested and uncontested. A contested divorce is one where the parties don’t agree on asset division, debt allocation, alimony or spousal support, or the custody of the children. In an uncontested divorce, the spouses agree on everything and don’t need the court to divide their assets or to decide on parental rights. These are two very different situations that our family law attorney team can help you with, regardless of which applies to you.

Contested Divorces

Sometimes couples will begin with a contested divorce and before the trial, come up with an agreement on financial terms and other topics related to divorce. This is known as a settlement. A settlement makes it so that neither spouse will appeal it, which puts an end to litigation entirely. When you reach a settlement, it’s important to have the agreement notarized so that it is legally binding.

Uncontested Divorces

Regardless if your divorce is uncontested, it is never recommended that either spouse attempts to represent themselves. This is because they don’t have the necessary legal experience to navigate the legal system. A family law attorney can help keep stress levels low and represent you while you deal with other necessary situations related to your family.

Call to Schedule a Consultation With a New York Divorce Attorney Today

If you’re going through a contested or uncontested divorce, it’s important to have a divorce lawyer by your side to represent you best. Our legal team at the law offices of Rubinstein & Associates PLLC can assist you in coming up with a settlement that arranges for custody, child support and spousal support effectively. We serve the areas of Woodmere, Long Island, Lynbrook, Hewlett, Rockville Center, Cedarhurst and surrounding Nassau County communities. To learn more about the legal services, visit our website at www.rubesq.com or give us a call to schedule a consultation at 516-268-7077  to learn more about what we can do to help settle your divorce.

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    Rubinstein Law Firm

    The Rubinstein Law Firm proudly serves all of New York for divorce and other state matters and the whole country on intellectual property related matters.

    FAQ’s

    • What grounds do I need to file for divorce?
      • New York is a no-fault jurisdiction which means the most commonly cited cause is IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP. So, for example, if your spouse had adultery, it is not really relevant to the actual divorce grounds.
    • Do I file a contested divorce or an uncontested divorce?
      • Uncontested means both parties agree to sign a settlement outside of court and are relatively close in terms of what they want in the terms.
    • How much does the divorce process cost?
      • Uncontested divorces are considerably cheaper, the range is between $1,000-$3,000 depending on complexity. For a contested divorce, it will depend on how willing the spouses are to work together, if so, it can cost as little as $7,000 but if there is excessive fighting the divorce can last years and the sky is the limit.
    • How long before I am officially divorced?
      • Fortunately, NY is not a state that requires a separation period. So as long as you and your spouse have been married for at least 6 months and are an NY resident, you can begin the process immediately. If the divorce is not contested it can be completed in as fast as two months and may take as long as eight months. If the divorce is contested and the parties find it challenging to agree, divorce can go on for many years.

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