Do I Have to Go to Court for a Divorce in New York State?

A divorce lawyer in Smithtown sitting in a courtroom, facing the judge's bench adorned with the scales of justice emblem.

If you are entering a divorce, there is a very good chance that you and your spouse cannot agree on certain divorce-related issues. If you find yourself in this situation, then you will likely enter into a contested divorce that needs to be handled in the presence of a New York court. Continue reading to learn whether you will have to go to court for your divorce and how an experienced Nassau County contested divorce lawyer at Barrows Levy PLLC can represent you.

Will I have to go to court for a contested divorce in New York state?

When deciding on a divorce, you, your spouse, and your respective attorneys must attend a preliminary conference. This is when all divorce-related issues, such as child support, child custody, alimony, and property distribution terms, will be established. In the event that you and your spouse cannot agree on these critical divorce terms, then you must enter a contested divorce. Here, you and your spouse must attend a compliance conference, where a New York court will attempt to get you to settle on an agreement.

But if an agreement cannot be reached, then your divorce must go to trial. At trial, the New York court will hear both your and your spouse’s wants and needs and consider various other factors to ultimately settle the contested divorce terms for you.

Will I have to go to court for an uncontested divorce in New York state?

You and your spouse may opt for an uncontested divorce if you believe that you can amicably agree on all divorce-related terms without the help of a New York judge. Notably, divorce mediation and alternative divorce methods are ways in which you can settle your uncontested divorce outside of court.

However, there are times when complications may arise and you may realize that you and your spouse are not necessarily on the same page after all. This is when your divorce will turn into a contested divorce that needs to be dealt with in court.

Is it beneficial to go to court for a divorce?

Every couple’s situation is different. For one, mediation is usually the faster and less expensive route for couples looking to get divorced. But, to achieve this, both parties have to be willing to independently come to an amicable agreement on each term of their divorce.

If you require guidance in determining whether a contested or uncontested divorce is the best path for you, consult with a skilled Nassau County uncontested divorce lawyer as soon as possible.


If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

Contact Us Today!
  • This field is for validation purposes and should be left unchanged.