What Is the Difference Between a Contested and an Uncontested Divorce?

With a divorce, there is a wide variety of decisions to be made, including the types of resolution. In many cases, the disputes of the divorce are not about the fundamentals of the relationship but about the details. According to Forbes, 90% of divorces are uncontested. But uncontested divorces still take time. They can create some bad feelings, even if the basic truths of the situation are outside of dispute and both people just want to get it over with.

What Is a Contested Divorce

In a contested divorce, at least one issue in the relationship is under question. It may be something like splitting up the property. This especially tends to happen when the couple owns a home: Homeowning couples can often end up in court. A lawyer service can help avoid contesting these issues, including by arrangement so the partner who stays in the house splits the residual value of the house when it's sold. In a contested divorce, anything may be up for question – even whether the couple wants to get divorced at all. Judges will never, however, require a couple to remain together if anyone in it wants out. “No-fault” divorce laws are available in every state in the US, and eventually, everyone can get out of a marriage if they want to. Talk to a lawyer service if you're looking at getting out of your relationship.

What Is an Uncontested Divorce

An uncontested divorce is a divorce in which none of the issues are really in question. The uncontested divorce will generally go through quickly in divorce terms, though can still be in terms of months. Uncontested divorces are generally not appealable, but certain agreements can be modified under the law, especially if circumstances change significantly or a specific period has passed. This makes them easier to get through.

What Are the Differences?

As seen above, the two are fairly different considering they are both divorces. Both partners and a lawyer service usually prefer uncontested divorces. In an uncontested divorce, the partners are 100% responsible for all decisions. In a contested divorce, the judge makes a final decision about how the divorce will play out.

Divorcing is a difficult and troubling time. Families make gut-wrenching decisions about the future of their children and property. If you must go through a divorce, do so with the law on your side. Call or visit us for a free consultation.