By Brian Figeroux, Esq.

Divorce is a significant legal and financial decision that requires careful consideration of its long-term consequences. In New York State (NYS), couples can choose between uncontested and contested divorces, depending on whether they agree on the key aspects of the divorce, such as property division, child custody, and spousal support.

While an uncontested divorce is often promoted as a cheaper, faster, and less stressful option, it comes with serious risks that many people fail to recognize. This article provides an in-depth analysis of the potential dangers of filing an uncontested divorce and why, in some cases, a contested divorce may be necessary to protect one’s rights.

1. What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all major issues, including:

• Division of assets and debts
• Child custody, support, and visitation
• Spousal maintenance (alimony)

Since there are no disputes, the divorce is handled without a trial and typically finalized within a few months.

While this may seem ideal, an uncontested divorce can be dangerous if one spouse:

• Does not fully understand their legal rights.
• Agrees to an unfair settlement out of pressure or misinformation.
• Fails to properly account for long-term financial needs.

2. The Hidden Dangers of an Uncontested Divorce
3. Unfair Division of Property

New York follows equitable distribution laws, meaning marital property is divided fairly but not always equally.

Potential Risks in an Uncontested Divorce:

• A spouse may agree to less than their fair share without realizing what they are entitled to.
• If one spouse controls the finances, the other may not have full knowledge of hidden assets or investments.
• Without proper valuation, a spouse may accept an unfair trade-off, such as giving up retirement benefits in exchange for keeping the marital home.

Solution: A contested divorce allows for full financial disclosure and legal negotiation to ensure fairness.

1. Lack of Legal Protection for Spousal Support (Alimony)

Spousal support (alimony) is meant to help a lower-earning spouse transition after a divorce.

Dangers of an Uncontested Divorce:

• A spouse may waive alimony rights without realizing how it will affect their future.
• If one spouse sacrificed their career to support the marriage, they may deserve long-term financial support.
• An unfair agreement could lead to financial hardship after the divorce is finalized.

Solution: A contested divorce ensures that spousal support is properly evaluated based on financial needs.

1. No Court Review of Child Custody and Support Agreements

In a contested divorce, the court carefully reviews child custody and support agreements to ensure they are in the best interests of the child.

Risks of Uncontested Divorce:

• One parent may be pressured into an unfair custody arrangement.
• Child support payments may be set too low without considering future expenses.
• No court intervention means agreements may be vague or difficult to enforce.

Solution: A contested divorce allows for proper legal evaluation to ensure fair and enforceable child custody and support arrangements.

1. Risk of Overlooking Hidden Assets or Debts

Many people in uncontested divorces fail to conduct a full financial investigation of their spouse’s assets and debts.

Common Financial Pitfalls:

• Hidden bank accounts or investments that go undiscovered.
• One spouse unknowingly taking on joint debt, such as credit cards or loans.
• Retirement funds and pensions being unfairly divided.

Solution: In a contested divorce, both parties must provide full financial disclosure, ensuring no assets or debts are hidden.

1. No Legal Representation or Proper Guidance

Many people choose an uncontested divorce without consulting a lawyer, believing it will save money. However, this can lead to:

• Signing an unfair settlement without fully understanding it.
• Agreeing to terms that cannot be modified later.
• Failing to include crucial details that could cause legal disputes in the future.

Solution: Even if pursuing an uncontested divorce, consulting a divorce attorney ensures that all agreements are fair and legally sound.

1. Difficulty Modifying Agreements Later

Once an uncontested divorce is finalized, modifying the terms can be difficult.

Examples of Issues That May Arise:

• Child support payments that are too low and cannot be easily increased.
• Spousal support agreements that cannot be changed, even if financial circumstances change.
• Unfair property divisions that cannot be revisited once the divorce is settled.

Solution: A contested divorce allows for thorough legal negotiations before the agreement is finalized, reducing the likelihood of unfair terms.

3. When Is a Contested Divorce the Better Option?

A contested divorce may be necessary when:

• One spouse is hiding assets or financial information.
• There are disputes over child custody or support.
• A spouse is pressuring the other to sign an unfair agreement.
• There is a history of domestic abuse, financial control, or power imbalance.

Even though contested divorces take longer and cost more, they protect your financial future and legal rights.

4. Can an Uncontested Divorce Be Done Safely?

Yes, but only if both spouses fully understand their rights and receive legal guidance.

How to Safeguard an Uncontested Divorce:

Get Legal Advice – Even if you agree on everything, have a lawyer review the agreement before signing.
Conduct Financial Disclosure – Ensure all assets, debts, and retirement accounts are properly listed.
Think Long-Term – Consider how decisions will affect you 5, 10, or 20 years from now.
Use Mediation – If you and your spouse are on good terms, mediation can help ensure fairness without going to court.

5. Conclusion

While an uncontested divorce may seem like the easiest option, it can come with serious financial and legal risks if not handled carefully. Many spouses give up more than they should simply to avoid conflict, only to regret it later.

Key Takeaways:

• Uncontested divorces can result in unfair property division, loss of spousal support, and unenforceable child custody agreements.
• Failing to conduct full financial disclosure can lead to hidden debts or lost assets.
• Once an agreement is signed, modifying it later is difficult.
• A contested divorce, while more expensive, protects your rights and ensures fairness.

If significant assets, children, or financial disparities are involved, it is safer to pursue a contested divorce or at least seek legal advice before finalizing an agreement.

Before filing for divorce, consider whether the short-term convenience of an uncontested divorce is worth the long-term risks. In many cases, fighting for a fair outcome through a contested process is the best decision for your future.

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