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Contested vs. Uncontested Divorce — What’s the Difference?

Contested vs. Uncontested Divorce — What’s the Difference?

If you’ve been looking into filing for divorce or are in the process of filing, you’ve probably come across two terms, contested and uncontested. These terms give a basic description of how simple or complex your divorce process may be. Whether your divorce is contested or uncontested depends on both ex-spouses’ ability to cooperate with one another — as difficult as it may be in some instances.

What is a contested divorce?

When both parties cannot agree on the divorce itself or any of the related issues, such as alimony, division of property, or child support and custody, this is considered a “contested” divorce. To contest simply means to “disagree.” This can be a difficult process for most exes because it involves more court fees, legal time, constant negotiations and even trial. The alternative to that would be an uncontested divorce.

What is an uncontested divorce?

Uncontested simply means “undisputed.” When a divorce is uncontested, both parties agree on all terms including child support, child custody, alimony and all other factors relevant your divorce. Uncontested divorce is usually a smoother process and takes less time to process because both parties are able to agree.

What does it mean to agree on a settlement?

When the parties come to a decision they can both agree upon, they reach a compromise or a “settlement.” All uncontested divorces end in a settlement. One good thing about a settlement is that it ends litigation and court hearings. Also, a settlement ends any contested disputes because the court recognizes a total agreement from both parties after it has been processed.

If you’re going through a contested or an uncontested divorce, having a lawyer who understands your case is vital. You can alleviate some of the pressure by receiving the right representation from an experienced divorce attorney. Contact Martin J. Rosen, P.C today to schedule a consultation.

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