What Are The Differences Between A Contested And Uncontested Divorce?


One decision you need to make when filing for a divorce is if it will be a contested or uncontested legal matter. That's why it's important to know the difference between these two types of divorces so that you can pick the best one for you.

Uncontested Divorce

An uncontested divorce is used when a married couple comes to an agreement on every major issue regarding a divorce. This includes child custody, how assets will be divided, how much money will be provided in spousal support payments each month, and other relevant matters that need to be decided on. This type of divorce doesn't have the conflict of a contested divorce, which helps the process go faster, less stressful, and less expensive for everyone.

You can also reach an amicable resolution by getting an uncontested divorce. This means that you've resolved those legal matters before you filed, and there will be no reason to revisit them. The common ground that a couple shares can lead to a peaceful separation.

The court proceedings for an uncontested divorce will be simplified. In fact, the court may not even get involved in your divorce other than the formality of approving it. It's very possible that a divorce is settled during a simple court hearing, especially if the couple has a small estate that needs to be divided. 

Contested Divorce

You'll want to file for a contested divorce when you cannot reach an agreement with your spouse about how to handle major divorce issues. These contested divorces have complex negotiations, often where a mediator is involved to help reach a decision between both spouses. If issues cannot be settled in mediation, they will be taken to court where they are resolved in litigation.

A contested divorce is going to have a lot more involvement by the court. You need to appear in front of a judge and plead your case for the outcome that you seek. It will involve having a lawyer represent each person, which can be expensive over the court of a very long trial. 

In the end, a judge or jury will reach a decision on your divorce matters that are being contested. You will not get a say in their decision or negotiate further since that is the judgment that is made. As you can imagine, it has a very high emotional toll on everyone that is involved.

To learn more, contact a divorce attorney in your area.


13 June 2023

why you need to hire an attorney

Over the years, I have learned several lessons the most difficult ways possible. One lesson that I have learned is to never try to handle legal issues without legal representation working with you. I have faced fines and penalties that could have been greatly reduced had I hired an attorney to represent me in court. This blog will show you several ways you could benefit from paying for the legal fees associated with hiring an attorney anytime a legal issue may arise. You will also find examples of how things can go terribly wrong if you don't hire an attorney.