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The Differences Between a Contested and Uncontested Divorce

One of the first steps of filing for a divorce is considering whether you will pursue a contested or uncontested divorce.

A contested divorce is a divorce where a couple cannot agree on some or all the terms put in place in the divorce agreement. These terms cover everything from spousal support and child custody matters to asset and property division. In an uncontested divorce, a couple agrees with the divorce agreement terms without the need to litigate or pursue an alternative dispute resolution method, such as mediation, to resolve their differences.

What Are the Advantages of an Uncontested Divorce?

If you and your spouse can come to a divorce agreement without needing to go to court, an uncontested divorce is for you both. The advantages of an uncontested divorce include but are not limited to the following:

  • Avoid litigation

If you and your spouse are unable to resolve your differences outside of the courtroom and mediation does not help, you will need to hash it out in court. Litigation can be stressful as well as time-consuming and expensive. If a judge makes your decisions for you, then you will not have control over the outcome of your divorce. As a result, you may end up frustrated and annoyed with your divorce settlement.

  • Maintain a relationship with your ex-spouse

If you can keep your divorce amicable, then you are more likely to be able to co-parent together and even keep a relationship with your ex-spouse. Also, your children will be grateful for this as well. If you can co-parent together and get along well, you will be more likely to celebrate holidays and other important dates with your children together.

  • Resolve your divorce in a timely manner

An uncontested divorce is resolved much faster than a contested divorce. As you can come to a solution quicker, you avoid going to court, which is time-consuming.

  • Cost-effective

A contested divorce will cost more due to attorney fees, court fees, and more. The longer you will need to spend time in court, the more expensive the divorce will be. Generally, the quicker you settle your differences, the less your divorce will cost.

What Are the Advantages of a Contested Divorce?

An uncontested divorce does have its benefits; however, it may not be the best option for every couple. If you and your spouse do not get along and fight every time you try to discuss the divorce, you should not pursue an uncontested divorce.

A contested divorce should not be viewed as a bad option as all marriages are different and what might suit one couple might not suit another. The advantages of a contested divorce include but are not limited to the following:

  • Allows you to time to reflect on your needs

A contested divorce gives you time to think about your interests and needs before getting divorced. You do not want to agree to an uncontested divorce if that is just what your spouse wants. Trying to keep things amicable when you disagree with your spouse will build resentment later.

  • Helps you resolve contentious disputes

Some couples may need a judge to intervene and figure out what is best for them during their divorce. This is especially true if you and your spouse just cannot see eye to eye on anything. If you are both super frustrated after trying mediation or arbitration and really need help, going to court may bring you much needed peace of mind.

  • Does not allow one spouse to take advantage of the other

While an uncontested divorce may be what one spouse wants, it is crucial to ensure that the other spouse agrees. If one spouse exhibits controlling behavior, then pursuing an uncontested divorce would not be the best option for the other spouse whose needs may not be met.

Consult with an Experienced Divorce Lawyer from Our Firm

We understand that ending a marriage is never easy. However, with the right legal advocate, it can be resolved in a manner that protects your rights and interests. If you need help determining which type of divorce is right for you and your situation, contact our office today.

To learn more about our divorce services, get in touch with us online today or call our office at (270) 977-8910.