February 7, 2023

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.

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Preparing for Mediation: What to Expect and How to Succeed

By Analytics Import • May 29, 2025

Mediation offers an alternative to traditional litigation, providing parties with a chance for resolution without the need for a courtroom battle. Understanding what to expect during mediation and preparing adequately is crucial for anyone seeking a successful outcome. This process involves a neutral third party who assists in negotiating a mutually agreeable solution between the parties involved. Whether you are working independently or through a divorce lawyer, getting ready for mediation requires a strategic approach and a clear understanding of your own goals and those of the opposing party. Understanding the Mediation Process with a Divorce Lawyer The mediation process often begins with each party providing an opening statement, outlining their position and goals. It is essential to prepare these statements ahead of time, focusing on facts and desired outcomes rather than emotions or confrontational language. A well-prepared statement can set the tone for a productive session and open the door for constructive dialogue. A divorce lawyer can assist in crafting a statement that is clear, persuasive, and aligned with your best interests. Remember that the goal of mediation is not to "win" but to reach a mutually satisfactory agreement that addresses the concerns of both parties. Exploring Possible Solutions During Mediation Throughout the mediation, the mediator plays a pivotal role in guiding discussions, identifying potential solutions, and helping manage emotions. According to the American Bar Association (ABA), a good mediator typically has a success rate of at least 75% in pretrial disputes. This impressive statistic underscores the importance of choosing a qualified mediator who can facilitate effective negotiations. Working with a divorce lawyer during this stage ensures your rights and priorities are properly represented, helping you navigate complex issues like parenting arrangements or property division with clarity. Why Flexibility Matters in Mediation Another key element to successful mediation is flexibility. Being open to alternative solutions and remaining adaptable to new ideas can lead to more efficient problem-solving. It's vital to enter mediation with a clear understanding of your bottom line, but also a willingness to make reasonable concessions. A skilled divorce lawyer can help you define those boundaries and adjust your approach as discussions unfold. Flexibility can often mean the difference between resolution and an impasse, paving a path toward a settlement that meets the needs of all parties involved. Preparing for Mediation with Expert Legal Guidance Preparing for mediation requires a combination of strategic planning, effective communication, and an open mind. By focusing on facts, seeking a skilled mediator, and remaining adaptable, you increase your chances of a favorable outcome. Mediation presents an opportunity to resolve disputes amicably, efficiently, and often with a high success rate, benefiting all parties by avoiding the stress and expense of litigation. Ready to approach mediation with confidence? Contact the Law Office of Arthur J. White III, P.C. for experienced legal guidance that helps you prepare, communicate effectively, and achieve the best possible resolution.