What Is the Difference Between a Contested and Uncontested Divorce?

If you and your spouse fight, or disagree constantly, it may be time to for a divorce. You may have heard of uncontested and contested divorce. What are they and what is the difference between them?

Uncontested divorce

This is the way that most Americans dissolve their marriages. Uncontested divorces are inexpensive and relatively painless. However, they are dependent on a couple being able to cooperate without the assistance of the court. Couples should always attempt to settle their differences through uncontested divorce, if possible. However, even if you believe your marriage will end through an uncontested divorce, you must retain an experienced attorney. Divorces are unpredictable and problems can arise at any moment.

One of the biggest advantages of an uncontested divorce is that it allows a couple to move on with their lives as quickly as possible and without the need for a trial or litigation.

Contested divorce

When people hear the phrase contested divorce they often picture drawn-out courtroom battles where spouses bicker with each other and point fingers. Such situations certainly do occur.

Marriages that end through contested divorce require the assistance of the court to settle disputes about issues like alimony, child custody, visitation rights, and distribution of property and assets. Contested divorces can last weeks, and sometimes even months, and are often fueled by high financial stakes. As a result, it is of the utmost importance that you retain counsel that is both experienced and aggressive.