Call Us For A Free Consultation On Your Family Law Case

How are contested and uncontested divorces different?

On Behalf of | Mar 7, 2024 | Blog, DIVORCE - Divorce

Relationships sometimes run their course. When a couple decides they no longer want to be together, they may need to seek a divorce. This will require making various decisions and taking steps to legally end the marriage.

One of the first steps is determining if this will be a contested or uncontested divorce.

Contested divorce

In a contested divorce, the spouses cannot agree on one or more key issues, such as child custody, division of assets or spousal support. This type of divorce often requires litigation. A judge may have to make decisions on behalf of the spouses.

Contested divorces can be lengthy, expensive and emotionally draining due to the adversarial nature of the proceedings.

Uncontested divorce

An uncontested divorce occurs when both spouses are able to reach an agreement on all issues without the need for court intervention. This type of divorce is generally faster, less expensive and less contentious than a contested divorce. However, it still requires careful consideration and negotiation to ensure that both parties’ walk away satisfied with the results.

Couples should note that if they cannot agree on even one aspect of their divorce, they will have a contested divorce. Uncontested means they must agree on everything and reach that agreement outside of the courtroom.

Understanding the differences between contested and uncontested divorce can help individuals navigate the divorce process more effectively. While both types of divorce have their challenges, knowing what to expect can help spouses make informed decisions and move forward with their lives.