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Contested Divorce Versus Uncontested Divorce

Divorce is always a hard process to go through emotionally whether the couple is in agreement or not. The couple will have to go through the legal process of dissolving their marriage. A divorce can be put into two categories: contested divorce, and uncontested divorce. A divorce lawyer will discuss each category, along with the key characteristics of each one below. Hopefully this provides a better understanding of each, as well as broadening your knowledge on the two categories of divorce. 

A contested divorce happens when the couple is unable to agree on one or more issues in their marriage. It can include things like child custody, how they plan on dividing their assets, spousal support, and child support. In a contested divorce, the couple may have different opinions on this issue, causing extra conflict during the process. Some of the key characteristics would be dealing with legal representation, the court process, cost, and the emotional strain of this process. When it comes to legal representation, each spouse will most likely hire their own divorce attorney. This is usually the most common situation in cases like these. This whole process can be lengthy and emotionally draining compared to uncontested divorces. Divorces don’t happen overnight, and some states even have a divorce waiting period. Meaning there is a certain amount of time that must pass between the time the couple separates, or the time of filing, and the time that the marriage is officially over. Then will come filing for a divorce, and the time it takes for the spouse that was served to respond. Then temporary hearings, and finally trial as the lawyers at the Brandy Austin Law Firm can explain to you. During trial, the court will negotiate a divorce settlement that can be signed off on, deciding how custody and assets will work. Each spouse should also be prepared to present their arguments and evidence to the judge on why this case should go in their favor. The judge will ultimately make the final decision based on the applicable laws and facts that are presented in court. 

An uncontested divorce is a much easier process since the current couple has some type of agreement about the divorce. Usually without having to get the court involved. This type of divorce will make for a smoother process, and is less contentious. Some of the key characteristics in this type of divorce, would be mutual agreement, minimal court involvement, and time/cost efficiency. In an uncontested divorce, the spouses are willing to work together to resolve all the issues related to their divorce. This will also include things like child support, spousal support, and how assets will be divided. Since they have agreed on most of these issues, an uncontested divorce may not require several court appearances. The couple will potentially submit their agreement to the court for review and approval. Compared to a contested divorce, uncontested divorces tend to be a lot quicker and less expensive. This can also minimize the emotional strain on the family, and any children that may be involved as well. 

Divorce is a life changing decision that can impact a family forever. It is crucial for individuals considering a divorce to understand the difference between contested and uncontested divorces. Ultimately, contested divorces will be a longer and more difficult process, while uncontested divorces are a lot more stress free, and will be the more efficient way of ending a divorce. However, it is always best to seek help from a divorce attorney to help navigate you through this process. They will also be able to decipher the decisions that will best suit their circumstances.