Uncontested Divorce vs. Contested Divorce
Divorce is a difficult process, but it is important to understand the differences between a contested and an uncontested divorce. A contested divorce is one in which the parties cannot agree on the terms of the divorce and must go through the court process. An uncontested divorce is one in which the parties have already agreed on the terms and the divorce can be finalized without the need for a court hearing.
The primary practical difference between a contested and an uncontested divorce is the amount of time and money it takes to complete the process. A contested divorce is typically a much longer and more expensive process than an uncontested divorce. This is because the parties must go through the court process, which can take months or even years to resolve. Additionally, contested divorces often require the assistance of attorneys, which can add to the cost.
In contrast, an uncontested divorce is usually a much faster and more cost-effective process. This is because the parties have already agreed on the terms of the divorce and do not need to go through the court process. Additionally, the parties may not need to hire attorneys, which can save them money. Uncontested divorces can usually be finalized within a few weeks or months.
Overall, the primary practical difference between a contested and an uncontested divorce is the amount of time and money it takes to complete the process. A contested divorce is typically a much longer and more expensive process than an uncontested divorce, while an uncontested divorce is usually a much faster and more cost-effective process.
An uncontested divorce is a proceeding where both parties mutually agree to terminate the marriage. In other words, the married couple will not have long and drawn out litigation that could cost thousands of dollars. It is the opposite of a “messy divorce.” It is limited to the actual divorce proceeding and generally does not include any ancillary matters such as child custody, child support, spousal support, and partition of the community property. However, a contested divorce is the opposite. It occurs when both parties cannot reach an agreement.
Why go the uncontested divorce route?
There are two main reasons why couples choose an uncontested divorce. First, they do not have children together and/or do not own property together. Second, the couple opts to handle those matters privately without involving the courts. Another reason and benefit for choosing an uncontested divorce is the potential to save money. Many family law attorneys offer uncontested divorces for a flat fee as opposed to an unearned fees retainer.
The circumstances between the couple determine if the divorce is contested or not. The divorce is considered contested if the parties are not able to reach an agreement on any of the ancillary matters mentioned above. These disagreements can cause legal fees such as court costs and attorney’s fees to rack up. The courts step in to adjudicate the matters between the parties when a divorce is contested. In other words, a judge has to decide the matters between the parties.
Choosing the right family law attorney to help you navigate through this difficult process is strongly advised in all divorce proceedings. The Weiser Law Firm has over 10 years of experience in all facets of family law. Our law office has the staff and expertise to provide the best possible legal representation during such a difficult time. Contact us for a free case evaluation today!