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Divorce cases can either be uncontested or contested. For each divorce process, there can be different procedures involved. Once each process is completed, a final decision of divorce will be in place. When spouses file the paperwork for a divorce, they will claim a fault or no-fault ground. This can determine whether the divorce is contested or uncontested. When no-fault is claimed as a ground, the divorce can be uncontested, leading to a simpler process where the couple is encouraged to work together. This process may involve divorce mediation where couples can meet with a mediator to make decisions on marital issues.

If a spouse claims a fault ground when filing the divorce paperwork, this can lead to a contested divorce. A contested divorce may cause the couple to enter into litigation where a judge will make decisions on their marital issues for them. A divorce has the ability to become contested after originally being uncontested if the spouses are unable to continue with divorce mediation. During the mediation process, it can be hard for spouses to cooperate with one another. This may cause them to end mediation if it is not proving to be successful. When they end mediation, they may have to enter into a contested divorce to have their issues resolved in court by a judge.  

Why do contested divorces need litigation?

Through an uncontested divorce, spouses have the ability to solve issues through mediation by cooperating with one another. They will work with a third party at this time. However, contested divorces cannot be done in the same way. If spouses are unable to work with one another to make decisions, a contested divorce will be needed. A contested divorce can cause the divorce to enter into litigation because spouses will need to have decisions made for them by a judge. Since they are not able to decide on marital issues for their family, a judge will have to do so in court. These marital issues can include child custody, alimony, child support, the division of assets and more. When presenting these issues in litigation, there are many aspects that a judge must consider. The judge will consider both sides of the case. This can include all aspects relating to each spouse. When cases involve children, the judge will always put the best interests of the child first to ensure they are safe and healthy.

The divorce process can be challenging, but our team at Ilkhanoff & Silverstein are dedicated to fighting for your best interests. Since 1999, our York divorce lawyers have guided our clients through this emotional and stressful time with compassionate client service and results-driven legal counsel.