Types of Divorces
The Edelsteins, Faegenburg & Brown LLP, divorce attorneys in New York City, explain the types of divorce including contested, uncontested, and collaborative divorce.
Contested Divorce
A contested divorce occurs when the spouses cannot reach an agreement on their own or with a mediator. Typically, the issue will then be presented in court to a judge who will then make the decisions for the issues that could not be negotiated. Contested divorces take the longest to finalize.
Uncontested Divorce
Most divorces fall into a category known as uncontested divorces. This means that both spouses have come to an agreement with respect to dividing assets, child support, child custody, etc. The terms of the divorce may be reached with or without lawyers or mediators. Uncontested divorces, when presented to the court for approval, are almost always approved by the courts.
Collaborative Divorce
A collaborative divorce happens when the spouses agree not to go to court from the beginning of the divorce proceedings. Instead the parties involved will go thru a series of meetings known as joint sessions accompanied by their lawyers. At times, third parties will be included in the meetings to give advice to help the spouses make better decisions.
Collaborative divorce is very similar to the mediation process. However, mediation is usually required as part of the litigation process and there is a mediator to help facilitate the process. In collaborative law, there is no mediator, but the spouses are usually well informed about their rights, options, and collaborative law by their attorneys.
At-Fault and No-Fault Divorces
In order to be granted an at-fault divorce, one spouse must provide proof that the other spouse acted in a way that gave grounds for divorce. This could be adultery, abuse, etc. In a no-fault divorce, proof of fault is not needed in order to file for divorce. Some of the most popular grounds for divorce in no-fault divorces include irreconcilable differences and incompatibility. In the United States, New York is the only state that does not have statutes for no-fault divorce. All divorces in New York are at-fault divorces.
