Even under the best circumstances divorce can be messy and complicated. This is especially true if you want a divorce and your spouse does not. This may result in even more stress, and you may wonder if the judge will grant you a divorce if only one party wants one.
This article explains the process of obtaining a divorce in New York, even if your spouse is not in agreement.
Contested divorce
According to FindLaw, your spouse only has a certain amount of time to respond to your request for a divorce. If he or she does not respond within that timeframe, you can still proceed with the divorce by filing for a default divorce.
A divorce becomes contested when your spouse objects to your legal reasoning for the divorce. If you claim that he or she was abusive, for example, your spouse can contest that reasoning by saying that it is not true. Just because a divorce becomes contested does not mean it will not finalize, but the process will talk longer and could be more expensive in the long run. While most people file an uncontested divorce, citing a reason for fault may be important if you seek alimony payments.
Time frames for a contested divorce
Typically, an uncontested divorce takes around six months. An uncontested divorce, however, will take much longer. In certain cases, a contested divorce can take years to finalize, depending on the complexity and the degree to which you and your spouse can agree on important matters. As with any divorce, the more you and your spouse can agree, the quicker the process.