Legal Question in Family Law in New York
Uncontested/Contested
I don't want a divorce but I have hired an attorney who is negotiating with my husband's attorney about financial matters. As of this date he has refused my demands saying they are too high. Does the court consider this a contested or uncontested divorce? In other words, does the fact that I am negotiating at all make it look as if I am agreeing to a divorce? I have told my attorney over and over that I do not want a divorce!
2 Answers from Attorneys
Re: Uncontested/Contested
If your husband wants a divorce, and you do not, then it is contested. If you both want a divorce, but you cannot agree on custody, visitation, or economic issues, then it is contested.
Basically, if any issue is in dispute, then it is contested, until that issue is resolved, by settlement or otherwise, in which case it is UNcontested.
Why is your attorney negotiating economic issues if you do not want him to?
Re: Uncontested/Contested
Your situation is considered a contested divorce. An uncontested divorce would only occur when all of the elements of the divorce have been agreed to - those are items like grounds, equitable distribution, child support and custody matters, etc. Your end goal should normally be to resolve all these issues out of court and then file your divorce as uncontested. Best of luck.
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