Deciding to divorce is demanding enough, and understanding the different divorce types can be challenging. What is a contested divorce? Below, we will explain the difference between uncontested vs contested divorce to help you find the one that works best for you.
Contested Vs Uncontested Divorce
Contested Divorce Meaning
A contested divorce occurs when spouses cannot agree on significant issues, such as child custody, asset division, and spousal support. It is a longer legal process involving court hearings and lawyers. Consequently, contested divorces are far more complex, longer, and expensive than uncontested ones.
First of all, there is disagreement and conflict. Basically, partners want the best outcome, but if they do not agree, a judge will decide. Sometimes, the court determines the solution based on each party’s information and aims to facilitate agreement. The contested divorce process includes filing for divorce, sharing the couple’s financial status, attempting negotiations, and possibly a trial. Legal steps include presenting evidence and questioning witnesses. Ultimately, the final decision is up to the court based on the information submitted by both sides.
Pros and Cons
The benefits of a contested divorce are that each spouse can fight for what they want to receive. In addition, the court’s decision will be legally binding and will conclude the process, making the sides act according to the judgment.
The disadvantage is that the process is long, difficult, and stressful. Moreover, many legal fees add up, and the court ultimately decides the outcome. This also may damage the future co-parenting relationship.
Uncontested Divorce Meaning
An uncontested divorce is when both sides agree to get divorced and have agreed on how to handle the divorce. This includes the children, assets, support, and other matters. It is also generally quicker, cheaper, and easier than a contested one. Both sides work together to resolve disagreements and present a joint plan to the court. Importantly, this means that spouses stay on good terms with each other and that the legal process is smoother. The process involves filing all necessary paperwork with the court, including a settlement agreement.
Pros and Cons
The main benefits include being more cost-effective, faster, and more efficient. Moreover, there is less emotional stress and conflict, and couples have more control over the outcome.
The main risks are that one party may take advantage of the other, or that one side may not follow the agreement, leading to a need to go to court. The process does not work when significant disagreements and complicated financial relations exist.
Factors to Consider When Deciding Between Contested or Uncontested Divorce
You should consider the following factors when deciding whether to go for a contested or uncontested divorce.
- First, consider how well you and your soon-to-be ex-spouse can work together. If you agree on most things, an uncontested divorce can be smoother. However, if there is conflict on several issues, a contested divorce may be necessary to ensure that everything is split fairly.
- Second, look at how complex your divorce is. If there are complicated financial matters, having the court divide it for you may be better. However, having an uncontested divorce can save you money and time if you do not have many assets.
- If you have kids together with your spouse, consider how well you will do co-parenting. If you can both make decisions that will benefit the children, an uncontested divorce would work well. However, if there are many disagreements on custody and support, a contested divorce can help put the right childcare plans in place.
- Moreover, consider your financial situation and whether you can afford a lawyer. Contested divorces are usually more expensive, given the legal representation required when you are in court. However, an uncontested divorce may be more affordable if money is an issue, especially if you conduct some of the legal steps.
- The last consideration is your preference and how you and your spouse communicate. Some people might prefer the formal process that a contested divorce offers. In contrast, others work together better in an uncontested divorce.
Conclusion
A contested divorce often means more disagreements and a longer, more expensive process. However, this often means a more thorough process. An uncontested divorce is faster, cheaper, and less painful. However, it may not be the best for your complex situation or a drastic power imbalance. Some of the factors you should consider when making a choice are how well you and your spouse get along, how complex your assets are, child custody, your decision’s financial implications, and your personal preferences.
If you have kids, learn when it’s possible to sign over custody of a child without going to court.
For more divorce related information and tips, visit follow Smart Divorce Network on Facebook to receive early alerts.
Images are from Pixabay.com
SmartDivorceNetwork.com Thanks to all our contributors; Independent Writers, Journalists and Guest Gloggers for helping the site to became better with good an engaging content and for keeping our readers up to date with the most recent information about divorce.
