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The difference between a contested and uncontested divorce

On Behalf of | Jan 10, 2019 | Divorce |

If you are considering filing for divorce, you may be wondering what it will look like once you are in the midst of it. There are two types of scenarios that typically play out when a couple is divorcing. The first is when both spouses are very bitter and the conclusion is delayed due to constant battling back and forth. The other is when both parties have been open with each other about the divorce and even agreed on most, if not all the issues that are between them.

Both situations fall into the categories of contested or uncontested divorce. What is the difference between the two? There is more to it than you may think.

What is uncontested divorce?

An uncontested divorce is sometimes referred to as a simple divorce or divorce by agreement. If the couple has entered into the divorce by having agreements already determined, then they will not be leaving anything of consequence to be disputed or unresolved. Therefore, it is an uncontested divorce. To do this, the couple will need to have made agreements on child custody, child support and if alimony will need to be paid. All property division will need to be agreed upon, including the house, and whatever debt there is will need to be split.

One of the main benefits to an uncontested divorce is the speed by which the divorce can be accomplished. The idea of a divorce that can be accomplished quickly, simply and convenience is attractive to many couples. A divorce can even be finalized as fast as 60-days. An uncontested divorce can also save you money since the process of divorce will not linger on.

What is a contested divorce?

A contested divorce is when a couple has major differences and are unable to come to an agreement on key areas which is keeping them from finalizing the divorce. When this happens, each spouse will have an attorney represent them who will build a case after investigating assets, finances, parenting and debts. When proper research has been accomplished, an offer of settlement can be made to resolve any issues. If an agreement is unable to be reached, the matter will need to be heard in front of a judge who will make the final decision.

Because a contested divorce can take longer as attorneys build their cases with their client and the possibility of going to court, a contested divorce can be more stressful and expensive.

If you are ready to file for divorce, you may want to speak with your spouse to see if the possibility of an uncontested divorce is best for you. Generally, couples who work together and solve their own disputes are more satisfied with their divorce. Uncontested divorces give the power of decision making to the couple which can be the most satisfying.