Uncontested vs. Contested Divorces: What’s The Difference

Divorce is an emotionally challenging process, and understanding the legal aspects can be equally overwhelming. When contemplating divorce, understanding the fundamental distinctions between uncontested Vs contested divorces is essential. Additionally, securing a family law attorney who can address your inquiries and guide you through the entire divorce procedure is critical.

Uncontested Divorce:

An uncontested divorce occurs when both spouses mutually agree to end their marriage. And are willing to work out the terms without a court hearing. It is a less adversarial and time-consuming process, often resulting in lower costs and reduced emotional strain. Couples in an uncontested divorce work together to determine child custody, visitation rights, spousal support, division of assets, and other relevant matters. This approach to divorce fosters open communication and enables couples to retain control over the outcome. When proceeding with this kind of divorce at  Kane & Crowell, the attorney goes to court on your behalf. Therefore, you will not need to be present for any court proceedings, as our office handles everything.

Contested Divorce:

A contested divorce arises when spouses cannot reach an agreement on one or more crucial issues, requiring court involvement to resolve conflicts. This type of divorce often involves a more controversial atmosphere, with each spouse seeking legal representation to protect their interests. Controversial issues can encompass child custody, division of property, spousal support, or any other disagreement that hinders an amicable settlement. Contested divorces tend to be lengthier, costlier, and more emotionally draining due to the involvement of legal proceedings.

Key Differences Between Uncontested Vs. Contested Divorce

1. Agreement vs. Court Intervention: Uncontested divorces prioritize collaboration and compromise, fostering a more harmonious resolution. In contested divorces, unresolved disputes necessitate litigation, which heightens conflict and prolongs the process.

2. Cost and Time: Uncontested divorces are generally more affordable and faster, as spouses avoid court battles. Contested divorces involve extensive legal procedures and negotiations, resulting in higher costs and longer processing times.

3. Decision-Making: In an uncontested divorce, spouses retain control over decisions regarding child custody, property division, and other matters. In contested divorces, a judge will decide these issues if the spouses cannot agree.

Understanding the difference between uncontested and contested divorces is crucial when considering the best approach for ending a marriage. While uncontested divorces offer a more amicable and efficient resolution, a contested divorce may be your only option. You may wish to have an uncontested divorce. However, if one party is not being fair or reasonable, then a contested divorce will be your only option. Furthermore, just because your case begins as contested does not mean going to court is inevitable. Often, we can settle a contested divorce once your spouse realizes that you will be granted a divorce if that is what you want.

The attorneys at Kane & Crowell, PLLC handle hundreds of divorces yearly and are well-versed in what is fair and reasonable under the law. If we can offer you or any of your family members assistance during this challenging time, please contact us at 615-784-4800 or visit www.kane-law.com for more information.