Differences Between Contested and Uncontested Divorce

Deciding to get a divorce can often be stressful for both partners. Considering the fact that issues regarding division of property, debt, child custody, child support, and spousal support are a large part of every divorce, the act of separating from your partner can be a long and difficult process. Therefore, it is important to weigh out your options when determining how to best go about the process of getting a divorce.

Divorce is often handled in one of two ways. Either the couple is able to agree on several terms out of court, or they ask the court to decide for them. This is essentially the difference between contested and uncontested divorce.

According to the website of Marshall & Taylor, PLLC, nearly 90 percent of all divorces in the United States end in uncontested divorce. A common misconception is that the majority of divorces result in heated legal battles between spouses. However, many couples either still feel a strong connection to their partners or simply want to get the process over with as soon and as easily as possible in order to move on with their lives. An uncontested divorce should always be your first option. Setting mutual terms outside of court always couple to bypass lengthy and costly legal proceedings.

Unfortunately, agreement on all matters cannot always be settled outside of court. In this case, the help of the court is often necessary. While much less common, only about 1 percent of divorces are contested, this type of divorce is much more expensive due to its complexity and necessity of an attorney. In addition, contested divorces often result in animosity between the two partners.