Uncontested vs. Contested New York Divorce: Not Only Your Choice
I get phone calls every day where a person calls with the following type of story. I hate getting these calls. Not because we can’t help them, we certainly can.
It’s because I tell them the truth, the harsh reality of New York divorce law, and the truth really sucks… (pardon my language, but its true!)
Monique gets served with divorce papers from her husband Tommy’s attorney. She reads the uppercase words explaining the documents: SUMMONS WITH NOTICE. The papers go on to state that Tommy is alleging that Monique abandoned him and treated him in a cruel and inhuman manner.
Wait a minute… “He abandoned me!” she exclaims outloud. “Cruel and what, this is total B.S.” she thinks.
Tommy had just agreed with Monique that their most affordable option would be to get an uncontested divorce. Now, unknown to Monique, Tommy’s mother is footing his divorce attorney bill and is encouraging him to “protect himself.”
Monique finds herself in a situation which is all too common. Tommy hasn’t been giving her any money since he took off last October. She can’t afford the average contested divorce attorney retainer of $5,000.00.
If she doesn’t respond Tommy will get a default judgment against her and she will lose all her legal rights. The clock is ticking… Tick tock. Tick tock.
Monique finds our law firm’s number on Google by typing in “affordable uncontested divorce ny.” She sets up a free consultation and the first thing she wants to know is what she should she do. Does she qualify for an uncontested divorce?
This is the situation that I hate. The harsh reality is:
- her divorce was filed against her in a contested manner
- she needs to come up with the money to hire a contested divorce attorney
- we might be able to help her, but her divorce will not cost the usual $497 that we charge for an uncontested divorce
- her husband is likely looking to screw her at every turn and she needs legal representation to protect her rights
- she needs a lawyer in order to file an Order to Show Cause for Pendente Lite Relief to request that the court order Tommy to pay her spousal support and pay her attorney’s fees, but this costs money.
If it is in any way possible, we try to work with you if you find yourself in this situation and cannot afford a contested divorce attorney’s retainer fee.
Unfortunately, whether your divorce is contested versus uncontested is not your choice alone. Your spouse must be on board…
If you are in a similar situation, please call our law office for your free divorce consultation to learn how we can help you in an affordable manner. (866) 830-2064.
Divorce is always a hassle and you need a good attorney in your corner. That’s for sure!
True… That’s what we offer – top notch divorce representation at affordable prices…
It’s a tough situation. I hope Monique has the resources to protect herself from this ugly transition from uncontested to a hotly contested divorce.
Ugly indeed. Unfortunately, this is the legal system we have to work with…
I practice law in Northern Virginia, with an emphasis in my work on collaborative divorce, divorce mediation, and uncontested divorce. I encounter these sorts of cases all the time, where the spouse or the spouse’s attorrney ratchets up costs unnecessarily. It’s an extremely frustrating aspect of what we do.
What a messy situation to be in. I’m glad to hear you have the resources to get the job done.
Yeah, it just goes to show that some people have more money than brains at times.
Lol! Very true. Sometimes its the other way around though… Those are the people we try to help most of all.
Yes, divorce can certainly be messy. We do our best to keep the process as painless as possible for our clients.
Opposing counsel often does attempt to ratchet up costs. Thank you for your thoughtful commentary. It is very frustrating, indeed.
New York has six grounds for divorce. Four of the “grounds” are based on the “fault” of one of the parties cruel and inhuman treatment, abandonment for one or more years, imprisonment for three or more years, and adultery. The other grounds one year of living apart under a separation judgment granted by a Court, or under a separation agreement signed by the parties, enable us to obtain a “no-fault” divorce, in which neither spouse is judged to be at fault, provided that the spouse seeking the divorce has substantially complied with the provisions of the judgment or agreement.
You are entitled to receive fast and effective solutions that restore your peace of mind. You need a knowledgeable, determined and compassionate New York divorce lawyer who will explain your legal rights in easy-to-understand terms.
A divorce is rarely easy. When children are involved, even an amicable divorce can take a turn for the worst. When property is involved, it is important to take action to ensure that your future interests are taken care of. With the help of an experienced New York divorce attorney, your divorce or family law matter can be handled in such a way as to benefit your current and future interests as well as those of your family.
Really i praise your ideas,I think relationships are sometimes good when they come to an end. Even though it may not end amicable, its up to both parties to try and be civil to each other
Nice Post! I am very happy after read this post. I hope that i will come again on your blog.
A contested divorce is when one of the spouses disagrees with one or more of the terms of divorce. In these cases the effects of divorce may require mediations, legal support, and family law intervention. The effects of divorce in these cases may not always end up satisfactory for all involved parties. When children are involved in divorce, the courts will always judge in favor of the child’s best interest.
Now there is a no-fault law provision. Contact us at (866) 830-2064 for more information. You can read about it here NY No Fault Divorce.