contested and uncontested divorce

What is the difference between contested and uncontested divorce?


According to the reports, the number of divorces has doubled over the past two decades. Sometimes the divorce is mutual and sometimes it is not basically known as contested and uncontested divorce Sometimes the couple agrees on all points and sometimes the couple doesn’t agree on even one point. In this article, we are going to read what is the difference between contested and uncontested divorce?

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What is the difference between contested and uncontested divorce?

What is the difference between contested and uncontested divorce?

See let me explain this to you with an example, If a couple is going through a divorce one way is that they can sit and talk and sort out things like property, assets, custody of kids, and money. This way the couple can mutually decide to part ways without any bitterness and fighting in the court for their respective rights. this saves their time and energy and of course money. This type of mutual settlement in divorce comes under uncontested divorce.

But not all couples part ways mutually, sometimes divorce can be ugly. Things turn out bad when the couple cannot decide to share their rights equally between themselves. In this case, the couple drags each other to the court and asks the court to decide and settle the matter. This process is long, tedious, and costs you a lot of money. This process can also be emotionally and mentally exhausting for you.

This type of divorce where the couple cannot decide between themselves and reach out to the court to settle the differences, this comes under uncontested divorce.

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Steps included in contested divorce?

What is the difference between contested and uncontested divorce?

A contested divorce is a time taking process and it involves a lot of time taking processes.

Here are the steps that you need to go through in the contested divorce.

  • Filing the Petition

One of the spouses has to file the petition first and send it to the other spouse. After getting the response of the other spouse the petition can be then filed in the court.

  • Discovery

Both spouses will be expected to provide information necessary to prove and disprove elements of the case. This can involve gathering records, contacting witnesses, and taking depositions.

  • Negotiations

Once each party has an idea of each other’s expectations, the lawyers can negotiate the settlement proposals for both spouses. Settlements are the preferred way to proceed in a contested divorce because it costs less money and time. If the couple doesn’t agree to the settlement then the party who is not satisfied files an appeal in the higher court.

  • Trial

In the trial process, each spouse will present witnesses, will answer the cross-questioning of the lawyers, and will respond to all the questions asked in the court.

  • Decision

The court and the judge after hearing the entire matter will conclude who will get what. Things like

  1. Assets
  2. Properties
  3. Investments
  4. Alimony
  5. Custody of the child

Will be decided by the court.

  • Appeal

If any party is unsatisfied with the court’s judgment, they can file an appeal in the higher court.

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Which One Is Easier?

It’s fair to say that an uncontested divorce is an easier process to go through. Because spouses already agree on critical terms of their divorce, moderate mediation may be needed to sort out the details.

These details will include the following:

  • Property Division
  • Spousal Support
  • Debt Allocation
  • Parenting Plan (Custody Agreement)

An uncontested divorce is one that avoids the court – at least until a judge is needed to approve the settlement and sign the decree – and that means saving time, money, and heartache over the process for most people.

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Divorce is a tough process especially if it is a contested one. Make sure to take the help of a good divorce lawyer. They can help you to get the maximum benefits out of your divorce.

I hope this article would have been of some help to you. If it did help you in some or the other way, do not forget to share it.

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