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Contested vs. uncontested divorce

Getting divorced is a multifaceted process and each case is different. A common conception of divorce involves courts, lawyers and arbitration. However, this is only one type of divorce.

In fact, there are two kinds of divorce, contested and uncontested, and only one involves courts and arguing over assets.

Contested divorce

A contested divorce occurs when you and your spouse cannot come to an agreement about your divorce. This can involve disputes over division of assets, alimony or other components of your marriage.

If your divorce is contested, then you will consult separate lawyers in order to settle the dispute. Your lawyers can work out an agreement before a trial, but in some cases, you will need to take your case to court. In court, a judge will make the decisions about your divorce for you.

If you can reach a settlement before going to court, your divorce is then uncontested.

Uncontested divorce

Uncontested divorce happens when you and your spouse agree about all aspects of your divorce. You come to an agreement about division of assets and all other parts of the divorce.

You will still consult lawyers to ensure that your divorce happens legally, but an uncontested divorce never goes to court. This type of divorce generally proceeds faster and can be less of a financial burden on you.

Whether or not you and your spouse agree on how to proceed with your divorce will determine if your divorce is contested or uncontested. Both will likely involve lawyers and making agreements, but they each can have their merits in their own respects.

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