Divorce can be broken down into two main types: Uncontested Divorce and Contested Divorce. Simply stated, an uncontested divorce is one in which both parties agree to divorce and there are no major disagreements between spouses over the terms of the divorce. A contested divorce is naturally the opposite and occurs when the spouses cannot come to an agreement on the terms of their divorce. This makes the divorce much more complicated and usually more time-consuming, stressful and expensive.
Divorce Litigation is the most common type of contested divorce, while Divorce Mediation might be the most common method to achieve an Uncontested Divorce. The experienced and compassionate Long Island divorce lawyers at the family law firm of Robert E. Hornberger, Esq., P.C. have years of experience with both Contested and Uncontested divorce and fight tirelessly to protect the rights of their clients in Nassau and Suffolk County Court every day and every step of the way. We will help you navigate the murky waters of divorce law and compassionately guide you to make the best decisions for you and your family.
When considering a divorce on Long Island, you likely have many questions and concerns about terms such as Contested and Uncontested Divorce as well as a host of other terms and issues. As experienced divorce lawyers practicing on Long Island for many years, we’re here to help you navigate these murky waters. We’ve compiled a short list of the questions we hear most often from Long Islanders like yourself. We hope these answers will help take some of the confusion out of the process for you.
WHAT’S THE DIFFERENCE BETWEEN UNCONTESTED & CONTESTED DIVORCE?
A Contested Divorce is one in which:
- One spouse either does not want the divorce and/or
- There is no agreement between you and your spouse on issues such as:
- Child Custody
- Child Support
An Uncontested Divorce is the opposite:
- Both you and your spouse want the divorce
- You both agree on
- Child Custody
- Child Support
Between the two extremes lies the options for divorce mediation or collaborative divorce. In these cases, you may not have come to a complete agreement with your spouse on the major issues, but you think you and your spouse could come to an agreement with some help. In these situations, you might want to consider divorce mediation or collaborative divorce.
Do I Have To Appear in Nassau County or Suffolk County Court?
No. If you and your spouse agree, and, if you have a child or children, and you and your spouse have agreed upon custody, visitation and child support, and, you have agreed upon your finances, i.e., the distribution of your property, debts and whether or not there will be spousal support, then you have the terms for an uncontested divorce. We can simply assist you in the preparation of your final settlement agreement and the submission of the “Uncontested Divorce Packet.”
Our Long Island divorce lawyers typically work with our clients on a flat fee basis for uncontested divorce. If you and your spouse do not have an agreement, you can still avoid going to court by reaching an agreement either through divorce mediation or collaborative divorce.
What if My Spouse and I Can’t See Eye to Eye on the Terms of Our Divorce?
Then we will go to court. Our attorneys have worked with thousands of clients on Long Island and have taken countless cases to trial in both Nassau County and Suffolk County courts. We have won very favorable awards for our clients as it pertains to child custody, child support, alimony and property distribution. Our attorneys are well versed in the process of litigation and have appeared in Suffolk County, Nassau County, Queens County, Kings County, New York and Westchester County. Our satisfied clients include other lawyers, doctors, nurses, teachers, police officers, firefighters, postal workers, business owners, stay-at-home mothers and fathers, blue and white collar individuals, and even those who are unemployed, disabled or retired. Regardless of your status or income, you will receive the same personal and professional service from our caring attorneys. We treat every client as if they were members of our family, and will take the smallest or largest case to trial, if necessary, to obtain the result you seek.
Will My Divorce Affect My Children?
If you have children, your divorce or separation will certainly affect them as this is a restructuring of the family structure. You owe it to your children, as well as to yourself, to hire a divorce lawyer committed to achieving the best result tailored specifically for your family. Robert E. Hornberger, Esq., P.C. brings its experience and legal knowledge to your case to provide your family with the personal attention and high level of service you deserve.