Divorcing a spouse may be extremely difficult and mentally draining. The divorce process doesn’t solely involve the physical separation of you and your spouse; the process also involves the separation of assets, debts, homes, families, and much more.
Prior to engaging in a divorce proceeding, it is important to determine which type of divorce you and your spouse will be going through. The type of divorce that you and your spouse choose will ultimately affect the duration and complexity of the proceeding. The two main types of divorce include:
• Uncontested divorce; and
• Contested divorce.
Uncontested divorce refers to when the two parties come to an agreement about the separation privately and do not need to seek lengthy court intervention for the division of their shared assets and debts. Generally, uncontested divorce proceedings move through the system rather quickly, as there is no need for litigation.
Conversely, contested divorce involves legal challenges and will require more financial resources. A contested divorce is a divorce proceeding in which the two parties cannot mutually reach an agreement, whether it be on the divorce itself, or other aspects of the divorce, including the division of assets, allocation of debts, alimony, and child support, among others. Here, the retention of an attorney for an extended period of time may be necessary, as you and your spouse may need to seek court intervention to resolve the matter. This type of divorce proceeding is often long and costly.
Contested divorce proceedings may go to trial if the two parties cannot resolve their differences. However, the reaching of an agreement between the two parties prior to trial is likely. This process is known as a settlement. Settlements often avoid a trail in front of a judge and will allow the parties to reduce to amount of money they may need to expend on legal counsel.
A divorce can be a difficult and experience challenging process. If you and your spouse are seeking to file for divorce, it may be beneficial to consult an experienced Long Island divorce and family law attorney to assist you through the process. The skilled Long Island divorce attorneys at Larry McCord & Associates, LLC are highly knowledgeable in divorce matters and are ready to help. Please contact Larry McCord & Associates, LLC at (631) 643-3084 to schedule a consultation or learn more about the firm’s services.