Attorney
Divorce can be a complex and emotional process, but it’s important to know that there are two primary paths that one can choose to take: contested divorce and uncontested divorce. A contested divorce arises when spouses cannot agree on essential issues, necessitating a court’s intervention. On the other hand, an uncontested divorce happens when both parties align on all significant terms, facilitating a smoother and often swifter conclusion. Each option has its benefits and challenges. Understanding which type of divorce is right for you can help you navigate the situation more confidently.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all major aspects of their separation, including asset division, child custody, and alimony. This type of divorce can be more straightforward as it doesn’t require a trial or multiple court appearances. Instead, the couple collaborates to outline the terms of their divorce in a marital settlement agreement, which is then submitted to the court for approval. This process tends to be less costly and quicker than a contested divorce, as it minimizes legal fees and expedites the timeline. For couples able to maintain a cooperative relationship and agree on the terms without intervention, an uncontested divorce offers a more amicable resolution to their marriage.
What Is a Contested Divorce?
A contested divorce occurs when spouses cannot agree on one or more key aspects of their divorce. This type of divorce requires more formal legal intervention because the parties need a court to resolve their disputes. The process begins with one spouse filing a petition for divorce, which is then served to the other spouse, setting the stage for a legal response. As the case progresses, both sides may need to engage in discovery, a phase where each gathers evidence and information from the other. If no settlement is reached, the divorce will proceed to trial where a judge will make the final decisions on all contested issues. This process can be lengthy, costly, and emotionally taxing for all involved, often stretching over several months or even years.
Comparing the Processes
When comparing the processes of contested and uncontested divorces, the differences are mainly rooted in complexity and duration. In an uncontested divorce, the procedure is relatively straightforward. Both parties agree on all divorce terms, allowing them to avoid a lengthy court battle. Typically, they draft a marital settlement agreement, which they submit to the court for approval. This process can often be completed in a few months, depending on the state’s mandatory waiting periods.
Conversely, a contested divorce involves more steps and uncertainty. When spouses cannot agree on key issues like custody or property division, the case must go to trial. This requires gathering evidence, presenting arguments, and potentially multiple court hearings, which can extend the process over several months or even years. The increased complexity prolongs the process and significantly raises legal expenses and emotional strain for both parties.
How We Can Help You
Randall J. Borden understands that each divorce is unique, and he can provide tailored support whether your divorce is contested or uncontested. He offers various services, from mediation and negotiation to robust litigation support, ensuring that you have the necessary resources to protect your interests. If you’re aiming for an amicable resolution, he can help streamline the process for an uncontested divorce. For those facing disagreements, he’s prepared to advocate vigorously on your behalf in a contested setting. Contact Randall J. Borden for a consultation, and let us help you find the most effective path forward during this challenging time.