What Makes A Divorce “Contested

Understanding the nature of your divorce is something you must consider even before you pick up the phone to speak to an attorney. When you call a lawyer for an initial consultation, they will ask whether your divorce is contested or uncontested.

Even if they don’t use those exact words, they will examine the details of your separation. Each type has its process, requirements, and potential outcomes. If you have never heard of either, then we will explain both. After reading this, you will better understand whether your divorce is contested. 

Contested Divorces

In a contested divorce, you and your spouse disagree on one or more key issues. These disagreements can be about child custody, property division, alimony, or child support. When spouses cannot find common ground, the divorce is labeled as contested. This divorce typically involves a more formal process, including court hearings. The court plays a significant role in contested divorces. It decides on any matter that you and your spouse cannot agree on. Contested divorces often require more time and can be more costly due to the need for more legal assistance and prolonged court procedures. 

These divorces may also lead to a more public airing of personal matters. Legal representation is critical in contested divorces because your attorney will protect your rights and interests. The process can be emotionally taxing, requiring patience and resilience. The outcome in contested divorces may only sometimes align with either party's initial expectations. Contested divorces can strain family dynamics and impact mutual friends and relatives. They often involve more detailed financial scrutiny, which can be complex. Your lawyer will help you understand and prepare for the potential emotional and financial impacts during a contested divorce.

Uncontested Divorces

Uncontested divorces center on both parties agreeing on the issues of their separation. This agreement includes the division of assets, child custody, and support arrangements. Uncontested divorces are generally more straightforward and can be resolved quicker than contested ones. They often require less legal intervention and are less costly as a result. Agreeing on these critical issues allows for a smoother and usually quicker legal process. Uncontested divorces can sometimes be settled through mediation or collaborative law, avoiding the need for court involvement. 

This type of divorce is often preferred by couples who are committed to working with one another post-divorce, especially when children are involved. It can foster a cooperative environment for future interactions, which is particularly important for co-parenting. Spouses may also have more control over the final settlement rather than leaving decisions to a judge. The paperwork and procedures in uncontested divorces are more streamlined. Maintaining privacy is often easier in uncontested divorces since fewer details will likely be discussed in open court.

Additionally, the emotional stress on both parties and any children involved is often significantly reduced. Uncontested divorces can provide a more amicable resolution, preserving relationships between spouses. They also allow for more creative and personalized solutions to dividing assets and parenting arrangements. Preparing and agreeing on the terms in advance can make the legal process more efficient in uncontested divorces.

The Fab Law Firm