What is the Difference Between Contested and Uncontested Divorce?
Most every divorce case falls under one of two categories—contested and uncontested—where each vary in the amount of time it takes for them to be completed and, consequently, the costs that go into them. Here’s a brief look at what to expect from each category when filing for divorce.
Uncontested
An uncontested divorce is the simplest possible form of divorce. In an uncontested divorce, the spouses are able to mutually agree on the proceedings of the divorce, such as division of assets and property. Uncontested does not equate to amicable divorce, as there still may be hard feelings between the two spouses. It simply means that the two have been able to meet outside of court and agree on disputed topics.
When an uncontested divorce case involves children, the court will conduct its own interviews to review whether the couple’s child custody decisions are in the best interest of the child.
Uncontested divorces, being the simplest divorce case possible, are usually able to be wrapped up in only a few months.
Contested
Contested divorce is the age-old arena where the two spouses disagree on how to settle matters concerning the split. In these cases, the court must intervene to determine the best possible outcome. Contested divorces are usually fought over issues such as child custody, the division of assets and property (especially the marital home), and alimony or other spousal support.
Contested divorce cases can last quite a while, sometimes up to a year or longer.
If you are considering divorce, you’re going to need an attorney on your side. Having an attorney for a contested divorce is a no-brainer, but even uncontested divorces can be sped along with the help of an experienced legal guide. Call us today to speak with our experienced attorneys and see how they can help you.
