You’ve made the decision to end your marriage. It’s a sad, but necessary, turning point for you and your spouse. You just don’t know yet how you’ll go about getting there. In theory, getting a divorce couldn’t be simpler, right?
All you need to do is talk to an attorney and let her handle the case. Right? Not so much. There is a difference between contested vs uncontested divorce, and you need to know what it is so that you can make the right decision.
Read on for more information.
Table of Contents
What Is an Uncontested Divorce?
It is a legal process in which both parties involved in a marriage agree to end the union without any major conflicts or disputes. The couple settles all issues related to the dissolution of their marriage. Which provides a more positive outcome for both parties involved.
On all material matters and legal considerations pertaining to the divorce, both spouses concur. These problems may involve:
- division of property
- division of debt
- child custody
- child support
- spousal support
This type of divorce can save both time and money as it does not need litigation or court appearances. It can also reduce the emotional stress and turmoil often associated with divorce. This is usually a smoother and more amicable process.
What Is a Contested Divorce?
A contested separation is one in which both couples are unable to agree on the conditions of their divorce. This means that they are unable to come to an agreement on issues like child custody, property division, and alimony. In a contested divorce, both parties will present their arguments and evidence to a judge, who will then make a decision on the contested issues.
As a result, they need outside help to resolve their disputes. Any of the following can occur during a contentious divorce:
- mediation
- arbitration
- divorce trial
This process can be lengthy, stressful, and expensive. It often involves hiring attorneys and going through many court hearings. However, a contested divorce can often be necessary when the spouses have significant disagreements and are unable to come to a compromise.
Differences Between Uncontested and Contested Divorce
Getting a divorce is never an easy process, but there are two main types of divorce: uncontested and contested. In an uncontested divorce, both partners have reached an agreement on all issues of the divorce, including property distribution, child custody, and child support. This type of divorce tends to be quicker, less expensive, and less emotional, as both parties have already come to an agreement.
But, a contested divorce occurs when the spouses are unable to reach an agreement and must go through litigation. This type of divorce can be more time-consuming, costly, and stressful, as decisions are made by a judge rather than the couple themselves. Whether a divorce is uncontested or contested can greatly impact the overall experience and outcome for both parties involved.
Knowing the Difference Between Contested vs Uncontested Divorce
In summary, understanding the difference between contested vs uncontested divorce can greatly impact the outcome of your divorce proceedings. It’s important to carefully consider your options and seek legal advice to ensure a fair and efficient divorce process. If you’re facing a divorce, don’t hesitate to reach out to a trusted attorney for guidance.
Remember, choosing the right approach can make all the difference. Take action and protect your rights today.
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