The Main Differences Between A Contested Divorce And An Uncontested Divorce

When you and your spouse decide to call it quits with your marriage, you will need to initiate the divorce process, and when you do this, you must determine if you will have a contested divorce or an uncontested divorce. If you are not sure what the difference is, here are several of the main differences between these two types of divorces that you should understand as you prepare to get divorced.

The definition

First of all, you should understand the basics of each type of divorce to understand the differences. An uncontested divorce is defined as a divorce where the spouses make the decisions on all matters and agree on the settlement for the issues. A contested divorce occurs when the spouses cannot decide on things and end up fighting over issues with the settlement.

The time frame of the divorce

A key difference between a contested and uncontested divorce is the amount of time it takes to settle and finalize a divorce. Because an uncontested divorce allows the couple to settle their own matters, it will typically be finalized sooner than a divorce that is contested. A contested divorce may linger on for months or years, simply because the decisions that need to be made are not getting made. Instead, the couple might simply be fighting over every issue, causing the divorce to linger.

The cost of the divorce

There are also cost differences with a contested divorce versus an uncontested divorce. Every divorce case is different, in terms of costs, but you can expect to pay less if you can make your divorce an uncontested one. This happens because the lawyers handling the case will have to spend less time working on it, and the lawyers will not have to put forth as much effort with an uncontested divorce.

The stress level

The other key difference is the amount of stress that is present with each type of divorce. While both types of divorces can be stressful, it will always be more stressful with a contested divorced as it will take longer and there will be more fighting. If you want to have a divorce that has minimal stress, you should consider aiming for an uncontested divorce.

These are some of the key differences to understand between a contested divorce and an uncontested divorce. If you would like to file for divorce or learn more about it, talk to a divorce lawyer, like one at Scott & Scott, PC, today.


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