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Learn About Contested And Uncontested Divorce

Learn About Contested And Uncontested Divorce
February 25, 2024 / By medadmin

Learn About Contested And Uncontested Divorce

Learn About Contested And Uncontested Divorce

Divorce proceedings can be troubling, particularly when you feel as though you were never expecting such a turn of events. Navigating these trying times can be extremely stressful and emotionally draining for both parties, especially when having to come to compromises and agreements regarding any assets and child custody. The legal language can be confusing and lead to misunderstandings which is why it is important to know the common term used to categorize a divorce: “contested or uncontested.” 

Contested Divorce

To begin with, let’s focus on what is classified as a contested divorce. A lawyer, like a divorce lawyer, can tell you that a contested divorce is a divorce proceeding where the parties involved do not agree on major issues and will rely on the court to determine the final outcome. When petitioning the court for a contested divorce in some states, you will need to list the grounds of your reason for separation and also be able to prove those grounds. Some reasons in which an individual can file for a contested divorce can include:

  • Adultery
  • Drug/Alcohol abuse
  • Bigamy
  • Felony convictions
  • Impotence 
  • Abandonment 

During a contested divorce, if the opposing parties are unable to come to an agreement, it can lead to costly mediation and multiple court hearings. Many issues can include:

  • Child custody or visitation schedules
  • Child support payments
  • Payments for health insurance
  • Duties and rights for their children 
  • Alimony disagreements and alimony payments
  • Property division 
  • Assets i.e. bank accounts and investment accounts

In these events, where a couple cannot come to any sort of agreement many times a judge is the one who will step in and make decisions for the couple. Contested divorces can take longer due to unresolved issues in the divorce and because of the time it might take to come to an agreement. 

Uncontested Divorce

Uncontested divorces are much simpler. An uncontested divorce is an amicable divorce where the couple has already agreed on everything and will not have to spend any additional time in court. In an uncontested divorce, couples will find that the entire ordeal is relatively quick. In a community property state, this means that any and all property, cars, assets, and debts the couple acquired during the marriage are automatically divided among them, typically 50/50. Even if your state follows a community property law, if you and your spouse have come to a different agreement where you have understood and agreed to another way to divide your assets, you are able to let the judge know there is a different agreement in place that better suits your needs. 

An advantage to filing an uncontested divorce can certainly be the financial savings, typically when filing an uncontested divorce the cost is averaged around $350 as of 2022. Even though both parties have agreed to everything pertaining to the separation the mandatory 60 days waiting period must still be enforced but after that time, the only remaining thing would be to appear in front of the judge after that time for him to finalize the divorce.

Help Through Your Divorce

Our friends at Brandy Austin Law Firm know that divorces are complicated, but the first step in tackling any problem is by understanding the concept and knowing as much as you can on this matter to better use the information to your advantage. Overall, divorces can be either a short matter where you both are ending things on good terms or they be dragged out with mediations and negotiations, but your lawyer is here to help you overcome this hurdle and get you the end results you deem are best for you! Speak with a local law office for help now.