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Uncontested and contested divorces: what is best for you?

On Behalf of | Oct 2, 2018 | Firm News |

From child custody to property distribution and financials, divorce is a complex process that has a stereotype. Many people believe divorce is always a hard-fought struggle between two dueling spouses. However, this is not always the case.

While many divorces are contested, uncontested divorce is also a method and does not involve courts or intense disagreements.

Difference between contested and uncontested

Contested divorces occur when couples cannot agree. This can be in due to the terms of divorce or about getting a divorce in general. When this is the case, the couple needs to take the terms to court in order to divide assets and make decisions. In a contested divorce, you and your spouse will need an attorney to represent yourself and your interests.

In an uncontested divorce, couples can come to an agreement about both. Uncontested divorces still involve attorneys to help validate agreements, but most of the decisions are made by the couples themselves, out of court.

Eligibility and benefits

If you and your spouse have no disagreements about the terms of your divorce, such as child custody, spousal support or financial decisions like property division, you could be eligible for an uncontested divorce. Both sides must agree to all terms and conditions in order for a court to grant an uncontested divorce.

There are a few reasons why you may opt for an uncontested divorce. These types of divorces streamline the paperwork and can save money on attorney fees, without a court battle. Uncontested divorces also have fewer proceedings and can be granted faster. It can also preserve some form of relationship with your spouse as it will not involve much conflict or argument.

An uncontested divorce is just one of a few alternatives for divorce that can make the process easier than a court battle. You should carefully examine all your options to see which method is best for you and your situation. In any case, divorce is a complicated process and each person’s circumstances are different.