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Contested vs Uncontested Divorce

Nov 16, 2023

Divorce is a challenging and emotional process, and the path you choose can significantly impact the outcome of your divorce proceedings. When it comes to divorce, two common approaches are contested and uncontested divorces.


In this blog post, we'll delve into the key differences between these two divorce options to help you make an informed decision that best suits your circumstances.

Wedding rings placed on top of a torn document printed with definition of divorce.

Contested Divorce


Definition

A contested divorce occurs when spouses cannot agree on one or more critical issues related to their divorce, such as asset division, child custody, alimony, or child support. In such cases, the court is often called upon to make these decisions for them.


Process

In a contested divorce, the process is typically more complex and contentious. It involves extensive legal procedures, negotiations, and court appearances. Each spouse is usually represented by their own divorce attorney, and the divorce proceedings can take a substantial amount of time and money.


Key Characteristics

  • Conflict: The central feature of a contested divorce is the high level of conflict between the parties involved. Disagreements can be about various aspects, including property division, child custody, and support.


  • Legal Representation: Both parties typically hire divorce attorneys to advocate for their interests. These attorneys play a crucial role in negotiations and court hearings.


  • Court Involvement: A contested divorce often involves multiple court appearances, as the judge may need to make decisions regarding the contested issues. This can lead to a lengthy legal process.


  • Costs: Contested divorces tend to be more expensive than uncontested ones due to legal fees, court costs, and the length of the proceedings.

Uncontested Divorce


Definition

An uncontested divorce occurs when both spouses agree on all key issues related to their divorce. This includes the division of assets, alimony, child custody, child support, and any other relevant matters. It is often considered a more amicable and streamlined process.


Process

Uncontested divorces are generally quicker, less adversarial, and less costly than contested divorces. Spouses can complete the divorce with minimal court involvement and legal assistance, often using mediation or collaborative divorce methods to reach agreements.


Key Characteristics

  • Agreement: The central feature of an uncontested divorce is the mutual agreement between the parties. Both spouses must be in accord on all aspects of the divorce.


  • Simplified Process: The divorce process is typically more straightforward and quicker. It involves less legal intervention and fewer court appearances.


  • Lower Costs: Uncontested divorces are generally more affordable because they require less attorney time and involve fewer court fees.


  • Amicable Resolution: An uncontested divorce is often seen as a more amicable way to end a marriage, as it encourages cooperation and compromise.

Factors to Consider


  • Complexity of the Issues: The complexity of the issues involved in your divorce plays a significant role in determining whether your divorce is contested or uncontested. If you and your spouse can agree on these issues, an uncontested divorce may be a viable option. However, if there are significant disagreements, a contested divorce may be necessary.


  • Time and Cost: Contested divorces usually take longer and cost more due to their adversarial nature and legal complexities. Uncontested divorces are generally quicker and less expensive.


  • Emotional Impact: Contested divorces can be emotionally draining due to their adversarial nature, while uncontested divorces tend to be less emotionally taxing.


  • Communication and Cooperation: An uncontested divorce requires a higher level of communication and cooperation between spouses. If you can work together amicably, it may be the best option.


  • Legal Assistance: In contested divorces, legal representation is almost always essential. In uncontested divorces, you may be able to handle the process with limited legal assistance or through online resources, depending on your state's laws.



The decision to pursue a contested or uncontested divorce depends on your specific circumstances and your ability to reach agreements with your spouse. Understanding the differences between these two approaches can help you make an informed choice that best aligns with your needs and priorities. 

Larsen Law Services


We understand that each divorce case is unique, and we offer a range of services tailored to meet the specific needs of clients considering both contested and uncontested divorces.


For those navigating a contested divorce, we can provide comprehensive legal representation. We work diligently to protect our client's interests and advocate for the best possible outcomes in areas such as property division, child custody, alimony, and child support.


In cases where an uncontested divorce is the chosen path, we offer valuable assistance in facilitating a smoother, more cost-effective process. While uncontested divorces generally involve less legal complexity, our attorneys can still provide invaluable advice and support to ensure that all necessary agreements are drafted correctly and that the final settlement is fair and equitable for both parties.



Larsen Law is dedicated to providing clients with personalized guidance and support, regardless of whether they choose a contested or uncontested divorce. If the thought of divorce or family law matters has left you feeling overwhelmed, please don't hesitate to get in touch to arrange an initial consultation. You can contact us through our website or give us a call at 503-569-8915 to take the first step.

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