Spouses filing for divorce hear two terms often: contested and uncontested divorce. While both these paths lead to the same conclusion, there are quite a lot of differences between them.
The choices the spouses make can significantly change the course of action for both partners. That is why anyone looking to separate from their partner should know the characteristics of both contested and uncontested divorce.
Contested Divorce
The first scenario is applicable when spouses cannot agree on some or any of the critical matters such as child custody, child support, property division, allocation of debts, and spousal support. Thanks to the media and Hollywood, this has become the traditional form of divorce most recognized in society.
Advantages
There are several things worth pointing out. First of all, a contested divorce can be seen as a guarantee that the process is going to move forward one way or another as the court becomes involved. Both parties are forced to come to the table. If one of the partners is unwilling, the law dictates to be present.
This type of divorce process is also a safety net against an unreasonable partner. Sometimes, one of the parties can hide income and assets or lie about issues. It is also possible that one of the partners is unqualified as a parent or a danger to the safety of the children. In such a case, the court can intervene with an investigation and procedures to keep children safe.
Disadvantages
Getting a divorce via a contested scenario is long, challenging, and costly. Hiring a lawyer to represent one’s side and fill out all the forms is rather expensive.
There is also an emotional toll to be considered. The inability to have control over the process due to the court’s active involvement is stressful. Coupled with the emotions of being in a power “struggle” with the other partner, and a contested divorce can be considered an emotional rollercoaster.
Uncontested Divorce
In an uncontested scenario, both spouses agree on the grounds for divorce and all divorce-related issues. This path is often picked by people who can maintain a dialogue to sort out their differences and those who want to avoid unnecessary procedures and stress.
Advantages
First things first — this path is usually much more affordable as partners settle their conflicts without an attorney. An uncontested divorce also takes much less time, as the court does not get involved.
In an uncontested divorce, many spouses often choose to do the paperwork by themselves. How is it possible without a lawyer or other professional? Well, online divorce services are great for people who want to get all the forms done quickly.
Using an online paperwork preparation service can significantly simplify the process. All it takes is to go through a questionnaire to provide the necessary information, and the system will automatically generate state-specific divorce papers that align with the case. It is an inexpensive method of completing paperwork that usually does not take more than 2 business days.
From the emotional standpoint, an uncontested divorce relieves much stress as the spouses are not fighting with each other. This is especially helpful for couples who have children.
Disadvantages
As with anything, there are downsides. It is impossible to file for an uncontested divorce if spouses have disagreements, even on the smallest issues. Additionally, this option is often inappropriate if there is a considerable imbalance of power between partners, which could result in an unfavorable settlement of terms and conditions in the divorce.
There is also a lack of warranty that both sides abide by the terms and conditions provided. So, if one side decides to avoid responsibilities after the divorce is completed, the court has less power to enforce any sort of action.
Bottom Line
Contested and uncontested divorce procedures have considerable differences — the most significant being the active involvement of lawyers and the court to settle all differences. Another notable difference is the cooperation between spouses to get all the conditions sorted out.
As a result, the path chosen can significantly impact the amount of time, money, and stress involved. A contested divorce often requires the use of attorney’s services and the court to resolve conflicts. An uncontested divorce can be wrapped up more quickly, especially if spouses do the paperwork themselves.
It should also be noted that couples often begin with a contested divorce but reach agreements prior to the court hearings, thus transforming it into an uncontested one.
