Is Your Divorce Contested or Uncontested- Do you Have a Choice?
When it comes to getting a divorce you should speak with your lawyer about whether you want to sue for grounds or try to negotiate a separation agreement. If you serve a spouse with a Summons and Notice to start divorce proceedings that spouse has a time limit to respond. If the person fails to respond you may apply for an uncontested divorce. If you have a negotiated settlement and the couple agrees to the grounds and how everything else effecting the relationship is divided, this includes support, debts, property, counsel fees, custody and visitation- this can result in an uncontested divorce. In this situation the parties have a full agreement on all aspects ending their marital relationship.
There is also the option of seeking a contested divorce in Buffalo. Contested means that the two partners cannot agree on how to end their marriage. They have different views on such issues as child support, child custody, and the dividing of their assets.
Getting a contested divorce in Buffalo
The process of getting a contested divorce can be very stressful. Litigation must be undertaken in order to ensure that the rights of each party are upheld. This can involve lengthy—not to mention costly—court battles that leave participants emotionally drained.
Sometimes, however, a contested divorce is the only way that spouses can advocate for fair treatment during the proceedings. The reasons or grounds for divorce normally do not impact the financial resolution. This comes as a surprise to most couples. There is a common misconception that the spouse guilty of wrongdoing will be punished financially. The reality is under New York State Law that unless the fault is termed egregious there will be no financial change in what one spouse gives or receives.
Talk to our New York state divorce law firm
Contested divorces are not the only option when it comes to ending your marriage. New legislation lets couples obtain a no-fault divorce in New York State, as of October 2010. Perhaps an uncontested divorce—which promotes collaboration and negotiation over the terms of divorce—can help you avoid expensive and time-consuming litigation. Additionally, having a pre-nuptial or post-nuptial agreement in place can lessen the likelihood of the courts deciding who gets which assets and debts. Venzon Law Firm, P.C. can go over these options and more when you come in for your free initial consultation.
Contact our divorce law firm in Buffalo today
If you have questions or concerns regarding a Buffalo contested divorce, Venzon Law Firm, P.C. can help. We provide cost-effective solutions for many types of family law matters. Call us at (716) 650-4740 or complete our web form to arrange for a free preliminary discussion about divorce, separation, and child-related custody issues. We are conveniently located in Buffalo, and we manage family law cases throughout Western New York.
