Ways to Separate: Contested vs. Uncontested Divorce


DivorceGoing through a divorce is a nerve-wracking experience, not to mention very costly. As the divorce entails the separation of two individuals who were previously joined in matrimony, the issue that needs to be resolved in any divorce proceedings is the division of everything. This can include the assets and properties accrued during the course of the marriage. It also includes the debts incurred, issues about child custody, and child or spouse support.

In most cases, it is best that both divorcing partners work outside the court system in order to minimize lengthy litigation procedures as well as very costly trials. Whether or not this out-of-court settlement bears fruit will greatly depend on the openness and willingness of both parties to make concessions.

If they both agree to the provisions of the settlement, then it is called an uncontested divorce. However, if one spouse feels like cheated in certain provisions and would like the court to settle the dispute, then it is called a contested divorce.

Uncontested DivorcE

Many Family Courts including lawyers strongly advise partners undergoing divorce to work together to arrive at a mutually-beneficial agreement. Without the supervision of the court, the couple needs to work their differences and decide on the division of their property and their debts. They also need to work out on who will take custody of their child or children and work out the possibility of shared custody. Child support as well as spousal support may also have to be worked out.

Whatever will be the final provisions of the settlement, it needs to be formalized to make it legally binding. According to MatthewsFamilyLawyers.com, the divorce attorney of both parties can provide counsel for both partners to arrive at an amicable resolution to their divorce.

In an uncontested divorce, the proceedings are generally fast and everyone can have immediate closure. The entire divorce proceedings will also be generally inexpensive.

Contested Divorce

However, if the couple fails to meet an agreement, then the divorce is left to the court to decide on the issues aforementioned. It takes longer and very costly for both couples, not to mention the emotional strain it places on both parties including their children and families.

If divorce is inevitable, at least be civilized to respect each other’s rights. The courts are inherently present to make sure that the best interest of the child is served. Knowing this, couples going through a divorce can reach an amicable settlement that best reflects their love for their children.