There are two main types of divorce: contested and uncontested divorce. The following is an overview of the differences between each.
In an uncontested divorce, the couple agrees on all the terms of the divorce settlement without going to court. Since both parties do not have any issues regarding property division, alimony, child custody, child support, or any other divorce matters, then a judge doesn’t have to make the decisions for them. Common benefits of an uncontested divorce include a faster resolution, lower court and legal fees, more privacy, and less stress for both parties.
By contrast, a contested divorce occurs when the couple cannot agree on all terms of the divorce settlement. If both parties cannot resolve their issues through negotiations, one or both spouses can file motions to request that a judge issue a ruling on disputed matters.
Contested divorces are often costly and time-consuming. Since court litigation is commonly involved, these divorces can take several months or even a couple of years.
Do I Need an Attorney?
If you are going through a contested divorce, it is imperative to hire an experienced family law attorney to protect your rights and best interests throughout court litigation. Due to the complexities of such divorces, your lawyer and help you navigate the intricacies of the legal process to ensure you obtain the most favorable results possible.
Although uncontested divorces are more simple and quicker to resolve, you still need to have an attorney make sure all the paperwork is complete and the proper steps are taken. If there is a mistake on the final agreement, then that would mean more time and money spent on the divorce.