Getting Divorced 

Contested vs. Uncontested Divorce: A Comparison

Divorce can be a complex and emotionally challenging process. One of the key factors that can significantly impact the duration and cost of a divorce is whether it is contested or uncontested.

Uncontested Divorce

An uncontested divorce occurs when both parties agree on all the terms of the divorce, including:

• Property division: How marital assets and debts will be divided.
• Child custody and visitation: Arrangements for child custody, visitation, and child support.
• Spousal maintenance: Whether and how much spousal maintenance will be paid.

Since there is no disagreement between the parties, uncontested divorces are typically faster and less expensive than contested divorces. They can often be completed within a few months.

Contested Divorce

A contested divorce occurs when one or both parties disagree on one or more of the terms of the divorce. This can lead to a more lengthy and expensive process, as the parties may need to go to court to resolve their differences.

Common areas of disagreement in contested divorces include:

• Property division: Disagreements over the valuation or division of assets and debts.
• Child custody and visitation: Disputes over who will have primary custody, visitation schedules, and child support.
• Spousal maintenance: Arguments over whether spousal maintenance should be awarded and the amount to be paid.

Contested divorces can take several months or even years to resolve, depending on the complexity of the issues involved.

Factors Affecting the Outcome

The outcome of a contested divorce can be influenced by several factors, including:

• The strength of each party's case: The evidence and arguments presented by each party can significantly impact the outcome.
• The quality of legal representation: Having a skilled attorney can make a significant difference in a contested divorce.
• The judge's decision: The judge's interpretation of the law and the evidence presented will ultimately determine the outcome of the case.

Choosing the Right Approach

Whether to pursue a contested or uncontested divorce depends on the circumstances of your specific case. If you and your spouse can agree on all the terms of the divorce, an uncontested divorce may be the best option. However, if there are significant disagreements, a contested divorce may be necessary.

It is important to consult with an attorney to discuss your options and determine the best approach for your situation.