Contested vs. Uncontested Divorce

A contested divorce involves disputes between the spouses that they cannot settle without going to court. In an uncontested divorce, the divorcing couple agrees on the terms of the divorce decree, and the family law court doesn’t have to step in. Ideally, divorcing spouses can resolve their differences so the court does not have to. However, a contested divorce is unavoidable in some situations.

Divorce laws are different in every state. Talk to a divorce lawyer about contested and uncontested divorce proceedings in your situation.

What Is a Contested Divorce?

A contested divorce is one where the spouses disagree on how it is settled. Some of the issues of contention that are often causes for a contested divorce include the following:

• Property division
• Who keeps the family home
• Alimony or spousal support payments
• Child custody arrangements
• Child support

What Is an Uncontested Divorce?

An uncontested divorce is a divorce where both spouses agree on all essential issues related to their divorce. These are often referred to as material issues. The spouses can come up with their own settlement agreement. If there are minor issues in dispute, the couple can use divorce mediation or arbitration to help them resolve their disputes.

There are various benefits of undertaking an uncontested divorce. An uncontested divorce is a much simpler legal process. It generally saves time and avoids unnecessary court hearings. An uncontested divorce is also less expensive. A contested divorce is much more time-consuming and comes with higher legal fees.

How Can I Tell if My Divorce Is Likely To Be Contested?

Not all couples can agree on the major issues. Some signs that you may be facing a contested divorce include:

• A difficult relationship with your spouse
• Lack of communication
• Claims of hidden assets
• Served divorce papers without prior knowledge
• Complicating factors like custody of minor children, shared property, or unresolved personal issues
• History of domestic violence or abuse
• A new partner influencing your ex

How Can I Get an Uncontested Divorce?

To get an uncontested divorce, you and your divorcing spouse need to agree on all the major issues. If your spouse is not convinced that an uncontested divorce is in their best interests, you can try mediation. Divorce mediation involves a third-party mediator working with you both to help you come to a resolution. The mediator doesn’t decide the case but helps you come up with a mutual agreement.

Some couples benefit from collaborative divorce. A collaborative divorce has the couple and their attorneys working together, unlike the traditional adversarial process. They enter into a participation agreement to agree to work together towards the divorce settlement. This can help when you have children and need to stay in communication with your ex after separation.

The process for an uncontested divorce depends on where you live and where you got married. Some states may have strict eligibility requirements, including residency requirements and mandatory waiting periods. Generally, you can file for divorce in the state where either spouse resides.

Do I Need a Lawyer for an Uncontested Divorce?

If there are no issues in dispute, you can generally file for divorce without a lawyer. Your local family court can help you with the legal filing requirements. However, if your ex consults an attorney, you should get your own legal counsel.

Make sure you consider all the consequences of legal separation before signing a divorce agreement. Protect your property rights to make sure you get a fair division of property from the marriage. Protect your parenting rights and get a child custody agreement that provides the best for your children.

An experienced divorce attorney can streamline the process and answer any questions about an uncontested divorce. Your lawyer can defend your best interests if an uncontested divorce becomes more complicated than it appeared. A divorce lawyer will cost less in an uncontested divorce and can help you through the process more quickly.

Is No-Fault Divorce the Same as an Uncontested Divorce?

A contested/uncontested divorce is not the same as a fault/no-fault divorce. A no-fault divorce refers to the reasoning behind the divorce. No-fault refers to neither spouse holding the other responsible for the dissolution of the marriage.

In the past, a divorcing spouse had to have a reason to file for divorce, like adultery or abandonment. However, all states now have a no-fault divorce that does not require a specific reason for separating.

How Can a Divorce Lawyer Help?

In a contested divorce, you need to protect your own rights and protect your family. A family law attorney can represent you in divorce court and fight for your rights. An attorney will review your situation and explain your options. Your attorney will help you obtain your share of the assets and the financial support you need. Your attorney can also protect your parenting rights with a strong child custody arrangement.

In an uncontested divorce, an attorney can guide you through the divorce process so it all goes smoothly. Your attorney can also raise any issues you may not have considered. For legal advice about your divorce options, talk to a divorce attorney.