Uncontested divorce and contested divorce are terms used to indicate how amicable couples are during the divorce process. An uncontested divorce means that both parties agree on all essential terms of their divorce, meaning they don’t have to contest anything. A contested divorce, on the other hand, refers to a scenario where both spouses cannot agree on at least one major aspect of their separation. In other words, there is contention over some element of the couple’s breakup. It is often recommended that couples with children or significant assets undergo a mediated settlement rather than going to trial. This process allows them to meet with a neutral third party mediator who helps them come up with an agreeable settlement outside court. The mediation process can also be helpful for couples who just want a simple exit from marriage instead of going through several months of litigation and paperwork.
Uncontested Divorce
An uncontested divorce is a divorce in which the spouses involved agree on all issues surrounding the divorce, including property division and child custody, and hardly ever go to trial. There are many reasons why couples may decide to get divorced through an uncontested divorce, including the fact that getting a divorce through an uncontested divorce can help save money compared to getting a divorce through a contested divorce. Another benefit of getting a divorce through an uncontested divorce is that it can be faster than a contested divorce. In addition, getting a divorce through an uncontested divorce is less stressful than getting a divorce through a contested divorce because there are fewer arguments between the spouses. Uncontested divorces are usually completed in a shorter amount of time than a contested divorce because there is not as much back and forth on the issues being disputed. In general, there are fewer hassles involved in getting a divorce through an uncontested divorce than there are in getting a divorce through a contested divorce.
Contested Divorce
A contested divorce refers to a divorce in which one or both spouses contest at least one aspect of the divorce, such as child custody, child support, spousal support, or property division. Couples who contest their divorce may do so because they can’t agree on one or more of these issues, or because they want to maximize their chances of receiving a favorable ruling from a judge. If spouses go through a contested divorce, they may have to appear in court to present their case in front of a judge. It is possible for contested divorces to take several months or even a few years to complete. It all depends on how much the spouses are contesting and the individual court system where the divorcing couple resides.
Advantages of an uncontested divorce
- No third-party intervention: In an uncontested divorce, both spouses are able to decide their own terms of the divorce. There is no intervention from a neutral third party. This is one of the main advantages of an uncontested divorce. - Quicker divorce: Couples who decide to get a divorce through an uncontested divorce have a quicker divorce than those who go through a contested divorce. There is less paperwork, and there are fewer arguments between the spouses. - Less stressful divorce: Overall, divorce through an uncontested divorce is less stressful than divorce through a contested divorce. This is because there are less arguments between the spouses and less intervention from a third party. - Less expensive divorce: Couples who decide to get a divorce through an uncontested divorce typically spend less on their divorce than couples who go through a contested divorce. This is because there is less intervention from a third party and less money going toward legal fees.
Disadvantages of an uncontested divorce
- Less likely to be granted: If spouses decide to get a divorce through an uncontested divorce, they may not be granted one. In fact, many uncontested divorces are ultimately contested because spouses don’t feel like they have a fair deal. - Fewer legal protections: Couples who decide to get a divorce through an uncontested divorce have fewer legal protections than those who go through a contested divorce. This is because they have less protections against spouses who have malicious intent, such as one spouse trying to take advantage of the other. - Less detail in divorce terms: Couples who decide to get a divorce through an uncontested divorce typically don’t get as detailed in their divorce terms as those who go through a contested divorce. This is because there is less back and forth between the spouses. As a result, couples who get an uncontested divorce may face a higher risk of having their divorce overturned in the future.
Advantages of a contested divorce
- More likely to be granted: Couples who go through a contested divorce are more likely to be granted a divorce than those who get an uncontested divorce. This is because there is more back and forth between the spouses on their divorce terms and because there may be more evidence to support their divorce. - More legal protections: Couples who decide to get a divorce through a contested divorce have more legal protections than those who get an uncontested divorce. This is because they are more likely to get their divorce terms written in detail and because they have more protection against malicious spouses.
Disadvantages of a contested divorce
- More expensive divorce: Couples who decide to get a divorce through a contested divorce usually spend more on their divorce than couples who get an uncontested divorce. This is because they spend more time arguing over the details of their divorce and because they have to hire a lawyer to help them through the divorce process.
Conclusion
In the end, the best decision for a couple is the one that works best for them. While there are many advantages and disadvantages to each type of divorce, it ultimately comes down to what the couple finds most advantageous for their situation.
If you are considering a divorce, your should contact an experieced divorce attorney as early in your process as possible. In the Phoenix area contact Colburn Hintze Maletta to schedule a case consultation. Call (602) 932-2999.