Law

Uncontested vs. Contested Divorce -What is The Difference?

While filing for a divorce, most people do not know the difference between an uncontested divorce and a contested divorce. The difference is, in an uncontested divorce, both partners agree to the conditions of the divorce without any objection, and the difference of opinion causes disagreements between the two resulting in a contested divorce.

None of the partners involved in a marriage can restrict each other from filing a divorce; however, if one demands a divorce, the other can extend the duration by disagreeing with the terms and conditions. These cases usually happen in a contested divorce. 

Suppose you want to know the absolute difference between an uncontested and contested divorce. In that case, it is best to hire a divorce lawyer Kenosha who will explain all your rights and help you get a divorce on fairgrounds as soon as possible.

Difference between an uncontested and contested divorce

Uncontested divorce

Uncontested divorces are more straightforward and less complicated as both partners have mutual consent to the divorce and agree to all the conditions. The critical terms in a divorce are child custody, alimony, distribution of the marital assets, and child support; if both spouses have an agreement on all of these, they can file a joint petition for the divorce. 

Moreover, uncontested divorces are comparatively low-cost and time-saving. In addition, if the couple has children, their mental health will be much easier as they will not have to face the ugly fights and disputes between their parents.

Contested divorce

Contested divorces can be stressful and dramatic because of the difference between you and your partner. Both spouses must go through courtroom trials until the judge passes the final decision or the two of you decide to settle. Either way, you will have to form common grounds to live peacefully. 

Most of the contested divorces settle outside the court. Usually, if the couple cannot agree to each other’s terms, they hire a lawyer to negotiate with the other partner’s lawyer. The best option for you is to make a settlement outside the court, as once your case reaches the hands of the judge, they will make the final decision. 

In a contested divorce, you must file the divorce papers first and then hand them to your spouse. Therefore, the chances are that they will prolong the divorce, which will cost you more time and money. 

If you are getting divorced, you should talk to an experienced divorce attorney first and know all your options. Having an attorney by your side will make the divorce procedure less complicated and stressful.

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