Divorce is never easy, but the type you pick can make a big difference. There are two main types of divorce: contested and uncontested. Each one has its own process, costs, and timeline. Knowing the difference can help you choose the best option for your situation.
The divorce lawyers from Henderson & Henderson often help couples figure out which path is best for them. When both spouses agree on all the main issues, they can get an uncontested divorce. When there is a disagreement that needs the court’s involvement, it’s a contested divorce. You’ll know what to expect because this article tells you how each type works.
What Is an Uncontested Divorce?
When two people get an uncontested divorce, they agree on everything before filing. This includes property division, child custody, support, and any shared debts. There is no need for trials or long court hearings.
Usually, all you have to do is file the paperwork and wait for the court to sign off on it. This option is good for partners who can talk things out and are ready to move on. It saves time, money, and stress a lot of the time.
What Is a Contested Divorce?
When two people can’t agree on major things, they have a contested divorce. Some of these include child custody, money, alimony, or who gets to live in the house. The court steps in when there is no agreement.
Sometimes, one partner might not want the divorce at all. One partner could also say that the other is to blame for the breakup. It costs more, takes longer, and often needs a trial for these situations.
Key Differences Between Contested and Uncontested Divorce
These are the main ways that the two types of divorce are different:
Time Commitment
- An uncontested divorce is faster and easier to finish.
- A contested divorce can take months or even years.
- Court dates, waiting periods, and trials all slow down the process.
Cost
- Uncontested divorces usually cost less, sometimes less than $5,000.
- Contested divorces can cost tens of thousands of dollars.
- You may have to pay more for lawyers if the case lasts longer.
Court Involvement
- Uncontested cases usually skip long court hearings.
- Contested cases need discovery, motions, and sometimes a full trial.
- In contested cases, courts can also order mediation or evaluations.
Control Over the Outcome
- Couples who get an uncontested divorce stay in control of the terms.
- In contested divorces, a judge makes the decision.
- If the judge rules against you, you might not get what you want.
Appeal Options
- Once an uncontested divorce is approved, you can’t appeal.
- It is possible to appeal in contested divorces, but it costs a lot of money.
- There are times when appeals work under certain legal conditions.
Common Reasons Divorces Become Contested
There are some things that make it harder to settle a divorce outside of court. Some of these include:
- Disagreements about visitation or custody
- Fights over dividing property or assets
- One partner hiding income or assets
- Requests for spousal support
- Accusations of abuse or cheating.
When these things happen, court orders and professional help are often needed.
Why Some People Choose Uncontested Divorce
Couples can work things out quietly even if they don’t agree at first. A lot of couples can reach an agreement without going to court with the help of mediation. This helps both sides keep costs down and gives them more control.
In some states, you still have to wait before you can get a divorce. The process moves faster, though, if both sides agree on the terms. It also saves you the stress of going to court.
