Contested vs Uncontested Divorce: What’s the Difference?

Are you going through a divorce?

Divorce is one of the hardest changes you can go through in your life. No one is ever prepared to handle a divorce. It can be harder when the concerned party has children.

There’s no guide to having the perfect divorce. Even if you have mutual respect, it can take a toll on your emotional health. Many people going through divorce are not aware of their options.

Don’t worry, we’re here to help. In this article, we show you the difference between contested vs. uncontested divorce. Read on to discover the different types of divorce and see which one is right for you.

What Is Divorce?

Divorce is a legal action that ends a marriage even if both parties are still alive. The Court can help in dividing assets and resolving issues about child custody. They can also help provide spousal support and alimony.

Divorce cuts the legal bond between two people. Both members will be free to enter a new relationship and remarry. Don’t confuse divorce with an annulment.

Annulment refers to a legal decree to null and void and marriage. A divorce will only end a marriage valid in legal terms. An annulment will allow parties to disregard a marriage, as though it never existed.

Legal separation is another term that pertains to judicially recognized separation. However, it does not end the same way as annulment and divorce. Both parties are not allowed to remarry or enter into a new relationship.

What Is an Uncontested Divorce?

An uncontested divorce is a more streamlined method between contested vs. uncontested divorce. This usually occurs when both parties have agreed about everything regarding the process. Uncontested divorces often spend less time in court.

Qualifying for this divorce may be difficult. An uncontested divorce means that you and your spouse agreed on the divorce. However, you must also agree on spousal support, property division, and debt allocation.

The grounds of your divorce may depend on irreconcilable differences. Some states have certain requirements before you can file for a divorce.

Pros of an Uncontested Divorce

This method allows both parties to work together. Often, many can come to terms and agree on what works best for their situation. This allows them to move forward with little to no regrets.

Agreements take less time and money. With this method, you don’t have to worry about fighting about your resources.

If you want to know how to divorce amicably, this is the right way. This type of divorce gives cooperation on both ends of the spectrum. These parties can achieve a divorce in a short amount of time.

Cons of an Uncontested Divorce

You may not qualify for a divorce if you and your spouse cannot agree on even a small issue. This type may not be appropriate if there is an imbalance of power. This is because it denotes inequality in bargaining.

If one party refuses or hesitates while signing, you can’t do anything about it. During the negotiation, you can’t ask for a temporary order from the Court. You will also be unable to file a contempt if your spouse goes back to the contract.

Any of these things could prevent you from filing for an uncontested divorce. You could complete the negotiation but still need to file a contested divorce.

What Is a Contested Divorce?

You may file for a contested divorce if one party wants to process the orders or get a temporary order. However, you can apply for an uncontested divorce if you and your spouse can finish in six months. Remember that the court can’t issue judgment before these six months.

In some states like Texas, there are some grounds before you can apply. If you’re filing a contested divorce, grounds may include:

• Adultery
• Abandonment, neglecting, or refusing to provide while the other can
• Bigamy
• Drug and alcohol abuse
• Felony conviction
• Importance and sterility

Some cases must undergo a trial before finalization. Having a good attorney at your side is best in this type of divorce. During the negotiation, you must always have a backup plan.

While not as dramatic in the media, you may feel like your partner is an enemy rather than an ally. If you need a Court order before finishing your papers, you may need a contested divorce.

Pros of a Contested Divorce

A contested divorce can guarantee completion as the Court keeps it moving forward. It allows both parties to apply for temporary orders if there are children involved. It makes sure that each parent has time with their children, getting expenses paid, and more.

If a person does not follow, the Court will issue consequences. It forces both parties to come to the table if one is being uncooperative. You can get Judicial input if one spouse cannot agree on the terms.

If the other party may be lying about something, it can provide discovery processes. It can include lying about problems or hiding their income. You can also use these processes to uncover marital assets or other information.

The Court issues orders to ensure that you and your children, if any, are safe. If your marriage is about to hit alimony, you can file for a contested divorce.

Cons of a Contested Divorce

You and your spouse may feel more like adversaries in the beginning. It can be difficult to agree on something under heavy stress and emotions. The divorce process may take longer if both parties cannot agree on something.

If you and your spouse cannot reach an agreement in time, it could cost more. Litigation is also an expensive ordeal. You may suffer from emotional stress when you go to court and realize you have no control.

The Difference Between a Contested vs. Uncontested Divorce

Now you know the difference between contested vs. uncontested divorce. Ending a marriage is no easy task, but you need to ensure you’re doing the right thing. Use this guide when deciding the best course of action.

Thank you for reading our article! Are you looking for more tips about your marriage? Come check out our other relationship guides and