Uncontested Vs Contested Divorce

Let’s take a look at the differences between uncontested and contested divorces.

What Is An Uncontested Divorce?

An uncontested divorce is obviously when neither party is in dispute. This makes for more simple court proceedings but obviously all the details need to be ironed out by the partners going their separate ways before agreeing to the divorce.

If the following has been addressed to everyone’s agreement – the first step is for one of the parties to commence the divorce filing:

• Child custody
• Spousal support
• Property division
• Child support

If all of these have been agreed upon prior to the filing of the divorce or if the other party does not make an appearance at the court hearing, the Judge can grant an uncontested divorce.

With lower legal costs and less attorney fees (as long a everyone agrees) it is the quickest way for separating couples to proceed. It is worth knowing information disclosed can and will be made public, including personal info and records of financial transactions. However, an uncontested divorce takes away the need for much of this, offering further privacy to everyone.

WHAT IS A CONTESTED DIVORCE?

A contested divorce occurs when both spouses cannot agree on one or more key issues necessary to finalize their separation. These issues can involve various aspects of the marriage, such as:

• Division of assets and debts: This includes property, bank accounts, retirement funds, and even household items. Disagreements about the value or ownership of these assets can significantly complicate the process.
• Child custody and support: If minor children are involved, reaching an agreement on their living arrangements, visitation schedules, and financial support becomes crucial. Disagreements on these matters can be highly emotional and require additional legal expertise.
• Spousal support: Depending on the financial circumstances of both spouses, alimony or spousal support might be a point of contention. Reaching an agreement on the amount and duration of support can be challenging.
• Negotiations are unsuccessful: Efforts to reach a mutual agreement through mediation or other alternative methods fail.
• Court involvement: The case goes to trial, where a judge will decide the disputed issues based on evidence presented by both sides.
• Longer and more expensive: Compared to an uncontested divorce, contested divorces take longer to finalize and incur significantly higher legal fees due to litigation costs and additional time spent preparing for trial.

Differences Between Uncontested And Contested Divorce

There are a few decisions that must be made during divorce proceedings. Whether or not the couples can agree on specific decisions will determine the type of divorce.

Let’s take a look at the differences between these two divorce proceedings:

• Uncontested: In an uncontested divorce, both spouses will agree on all aspects of the split. This includes child custody, child support, alimony payments, and property division. Going the uncontested route will ensure a much smoother and less expensive process.
• Contested: If the spouses disagree about important divorce aspects, it will be deemed a contested divorce. Disputes over child custody and property division are very common. A contested divorce process almost always ensures a longer and more expensive battle.

Conclusion

It is possible to get through an uncontested divorce yourself, but the presence of a divorce attorney is recommended. If, however, there are disputes about serious issues like alimony, you should contact a divorce attorney immediately. The long-term implications of a contested or uncontested divorce can impact your life for years to come.