NEW YORK, NY - Couples navigating divorce in New York face critical decisions about whether to proceed with a contested or uncontested case, with significant implications for costs, timelines, and court involvement. Manhattan divorce attorney Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/contested-vs-uncontested-divorce-what-is-the-difference/) explains the key differences between these two divorce paths and what causes an initially cooperative case to become contested.
According to Manhattan divorce attorney Ryan Besinque, an uncontested divorce occurs when spouses agree on all major issues such as asset division, child custody, and spousal support, requiring minimal court intervention. A contested divorce arises when the parties cannot reach an agreement on one or more essential issues, necessitating court involvement to resolve the dispute. "Many couples begin the divorce process hoping to keep it uncontested, but disagreements can arise that change the case's status," explains Besinque.
Manhattan divorce attorney Ryan Besinque notes that New York law requires couples to address several major issues before a court will grant a final divorce judgment. These include the distribution of marital property and debts, child custody arrangements and parenting schedules, child support calculations under New York guidelines, and determinations of spousal maintenance. Each of these areas presents potential points of conflict that can transform an uncontested case into a contested one.
Attorney Besinque emphasizes that contested divorces require substantially more legal work than uncontested cases. The process often includes discovery procedures in which attorneys gather financial information and relevant facts, depositions with sworn testimony from witnesses, and motions seeking temporary orders on issues such as custody or property access while the divorce is pending. "The administrative penalties and procedural requirements can extend the timeline significantly," he notes.
Besinque adds that uncontested divorces are generally finalized in a few months once all required paperwork is correctly submitted, while contested divorces typically take many months or more than a year. The duration depends on factors such as the extent of discovery required, motion practice, custody disputes, and trial scheduling at the New York County Supreme Court, 60 Centre Street.
The firm handles divorce cases throughout Manhattan, Brooklyn, the Bronx, Queens, Westchester County, and Nassau County. Child custody and parenting time disputes are among the most common triggers that turn uncontested cases into contested ones, particularly when couples clash over detailed schedules or decision-making authority regarding children's education, healthcare, and religious upbringing.
"Property division conflicts emerge when spouses cannot agree on how to split real estate, retirement accounts, or business interests," advises Besinque. Spousal support disagreements also arise frequently when parties have different perspectives on what financial assistance is reasonable given their respective situations. Additionally, procedural issues such as one spouse withholding financial information during the process can disqualify a case from uncontested status.
The Law Office of Ryan Besinque provides guidance through both mediation and litigation to protect clients' rights and their families' best interests. Whether negotiating a settlement agreement or preparing for trial, early consultation with experienced legal counsel can help individuals understand their options and make informed decisions about which divorce path best serves their circumstances. For those facing divorce in New York, contacting a knowledgeable family law attorney may provide clarity on the process and help minimize conflict and financial strain.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a Manhattan-based law firm dedicated to family law with a focus on divorce, custody, support, and family offense cases. Led by attorney Ryan Besinque, who is licensed to practice in New York and California, the firm represents clients throughout Manhattan, Brooklyn, the Bronx, Queens, Westchester County, and Nassau County. Besinque takes a collaborative and communicative approach when possible but employs assertive strategies when necessary to protect clients' rights. For consultations, call (929) 251-4477.
Embeds:
Youtube Video: https://www.youtube.com/watch?v=Au9lDB6e2w4
GMB: https://www.google.com/maps?cid=3422990479581259264
Email and website
Email: ryan@besinquelaw.com
Website: https://www.besinquelaw.com/
Media Contact
Company Name: The Law Office of Ryan Besinque
Contact Person: Ryan Besinque
Email:Send Email
Phone: (929) 251-4477
Address:115 W 25th St 4th floor
City: New York
State: New York 10001
Country: United States
Website: https://www.besinquelaw.com/
