What is the Difference Between Contested and Uncontested Divorce?

Uncontested divorce is just as it sounds—a divorce in which both spouses arrive at decisions as to the terms of the divorce without needing to go to trial. Truly uncontested divorces are rare in that disagreements are common, the key being that spouses do not require a court to agree on the specific terms of their divorce.

Each divorce hinges on the couples deciding on the following issues:

  • Dividing up the marital property and assets
  • Dividing up debt
  • Determining custody of children
  • Paying child and/or spousal support

Uncontested divorces are preferable since they move through the courts faster which usually means they are less expensive.

It is therefore in both spouse’s best interest to at least try to work out the terms of their divorce on their own or with a mediator before going to divorce court. Mediation can be very helpful in settle on the terms of your divorce and can be done without an attorney, though it can be helpful to have on with you who can keep you apprised of your rights.

Mediation can save time and money by skipping the time-consuming litigation and trial process. In general uncontested divorces make for a less hostile divorce process and lets both spouses get back to their lives more quickly.

What about contested divorces?

Contested divorces are seen more often when there are complicated issues involved such as high net-worth couples. Souses needing to go to divorce court almost always need an attorney to provide them with experienced legal advice to protect their interests. It is frequently highly recommended that you obtain legal representation if your spouse has already done so.

If you are considering divorce, get in touch with a Mission Viejo divorce lawyer from The Hunter Law Group to go over your unique situation as well as your legal rights.