Understanding contested and uncontested divorce
When facing the end of a marriage, you may encounter two primary types of divorce proceedings: contested and uncontested. Each approach has its own set of characteristics and advantages. They each also have their potential drawbacks.
Understanding the differences between these two divorce processes, as well as the benefits of each, is essential.
What is an uncontested divorce?
In an uncontested divorce, you and the other party agree on all aspects of your separation. These may include property division, child custody and support arrangements. This type of divorce may be faster and may cost less than its contested counterpart.
Benefits of an uncontested divorce may include:
- Reduced overall expenses
- Faster resolution of the divorce process
- Less emotional stress for both parties and the children
- Greater control over the outcome of your divorce
- Maintenance of a more amicable relationship with your ex-spouse
In an uncontested divorce, you and the other party work together to reach mutually acceptable terms without extensive court involvement.
What is a contested divorce?
A contested divorce arises when you and the other party are unable to agree on one or more critical issues related to your separation. The court may become more involved in resolving disputes in a contested divorce. It may also make decisions on behalf of the couple.
While often more challenging, a contested divorce may offer particular advantages. These may include:
- The opportunity to advocate for your rights and interests in court
- Potential for a more equitable division of assets, especially in complex financial situations
- Protection against manipulation or coercion by a dominant spouse
- Thorough examination of all relevant facts and circumstances by the court
Which type of divorce is the right one for you?
Deciding between a contested and uncontested divorce depends on your unique circumstances.
Consider seeking legal advice before proceeding with any divorce action. An attorney could provide personalized advice based on your specific situation.