Difference Between Contested And Uncontested Divorce

How a Lawyer Can Help During the Hiring Process

Divorces can happen for various different reasons. It is the act of dissolving a marriage legally. But what some of the general public might not know is that divorce has types. It is primarily of two kinds–contested and uncontested, and they are very different from each other. This is why learning and understanding the difference between the two kinds is vital to see which method suits your situation better.

Hiring a lawyer is advisable in both scenarios as they know the laws and circumstances behind these types and can help you with the process with ease. Speak to a Huntsville contested divorce attorney to learn about the in-depth differences.

Contested and Uncontested Divorce –What is the difference?

When couples decide to file for divorce, there are some significant decisions that both parties are required to make. The decisions could include child custody, child and spousal support, asset division, etc. When both parties manage to come to an agreement, it becomes an uncontested divorce where the judge does not have to do much other than to either accept or reject the divorce agreement. However, when the couples cannot agree on one or the other matter in the agreement, it becomes a contested divorce case, and the decision goes straight to the judge.

A major difference between these two divorces is the time they require to become finalized. Uncontested divorces are usually less time-consuming compared to contested divorces. But, although relatively less time-consuming, uncontested divorce does not guarantee quick processing as it is a divorce case, & divorce cases are, well, time-consuming. In addition, uncontested divorces do not require a trial and other time-consuming legal procedures, which means uncontested divorces require lower fees than contested divorces. Contested divorces tend to be more expensive.

Another important difference between contested & uncontested divorces is that uncontested divorces are not appealable. But certain agreements can be modified, so you are not stuck with the agreements forever. This is because the separating couples agree to all the matters of the divorce arrangement in an uncontested divorce. However, contested divorces are appealable as the couple does not have unanimous consent to the arrangement in a contested divorce case.

It is undeniable that there are several benefits to an uncontested divorce. But because sometimes, in some divorce cases, it is impossible for the separating couples to come to an agreement because of their situation and circumstances, their cases become contested by default. In these situations, they either work with competent lawyers or take the help of mediation to resolve their disagreements & find common ground to agree upon.

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