What Is The Difference Between a Contested and an Uncontested Divorce

 

 

 

Divorce is rarely simply. As a legal process it is muddled with legal terms and various regulations. However, when you are involved in a divorce, understanding the process is very important. One area of common confusion is the distinction between a contested divorce and an uncontested divorce. While there is a simple way to explain the difference between the two, many people are still unclear about it.

The best way to explain the difference between a contested divorce and an uncontested divorce is to start with the separate definition of each type of divorce situation. A contested divorce is a divorce proceeding where the parties are not in agreement on all of the issues.

The issues presented in a divorce can vary. Issues may include:

– Grounds for the divorce
– Division of assets
– Alimony payments
– Child custody
– Debt payments

It is not uncommon for parties to disagree on at least one issue. However, in a contested divorce case the parties cannot seem to reach a reasonable compromise and the court has to step in. It is common in a divorce for parties to want to get as much as possible out of the marriage and leave their partner with very little. That is why contested divorce cases are more common than uncontested divorce cases.

Typically speaking all divorces start out as uncontested divorces. Each party states what they want and then discussion occurs. This is generally when the divorce changes to a contested divorce. This change is not always clear or recognized immediately.

An uncontested divorce is rare. It is possible if both parties are in agreement about everything and the divorce is actually a very amicable process. This is very uncommon, but it can still happen. In an uncontested divorce the proceedings go rather swiftly and the case can be wrapped up in little time. It costs both parties less and requires less time from the court.

A contested divorce still must be resolved. In the end everyone has to agree to the terms of the divorce. If one party is holding out and refuses to agree then the divorce could be drug out over a long period of time, which could be months or even years. Every step of the process costs the parties involved more money for attorney fees and other costs. It also costs the court money since they have to stay involved. It would be ideal for all divorces to be uncontested divorces.

The reality is that people who are divorcing are usually full of anger. They are mad at the other person and they want to hurt them through taking marital property and money. That is why most often a divorce case will be a contested divorce.

The difference between a contested divorce and an uncontested divorce all starts with disagreement. It ends up being that a contested divorce involves more time and money than an uncontested divorce. Contested divorces are also usually much more stressful and involves a lot more work on everyone’s part.

 

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