Understanding the Differences Between a Contested and Uncontested Divorce

 Posted on April 14, 2023 in Divorce

 Divorce is a legal process that dissolves a marriage. There are two primary types of divorce: contested and uncontested. For those looking to end their marriage, there are many differences between these two divorce types. Therefore, it is essential to understand the differences to see which method better suits you and your marital situation. Remember, regardless of whether your divorce is contested or uncontested, it is always prudent to hire an attorney, as divorce law can become complex, even if the divorce is uncontested.

Uncontested Divorce

Contested divorce occurs when both spouses agree on all the terms of the divorce. This includes dividing assets and debts, child custody and support, and spousal support. Uncontested divorces are usually faster and less expensive than contested divorces, as no disagreements need to be resolved in court. In most cases, the couple will work together to create a divorce agreement that outlines the divorce terms. Once the agreement has been finalized, the couple will submit it to the court for approval. If the court approves the agreement, the divorce will be granted.

Contested Divorce

On the other hand, a contested divorce is a type of divorce where the spouses cannot agree on one or more issues related to the divorce. In contested divorces, the court may need to intervene to resolve the disagreements. In many cases, the spouses are able to negotiate a settlement on the unresolved issues with help from their attorneys. However, if they cannot reach a settlement, the case may go to trial.  The court will hear evidence from both sides and rule on the issues the spouses cannot agree on.

Contested divorces are usually more expensive and time-consuming than uncontested ones, as the court process can be lengthy and complex. Additionally, contested divorces can be emotionally draining, as the spouses may need to testify about sensitive issues in court.

Contact a Harris County Divorce Attorney

There are significant differences between contested and uncontested divorce. If you are considering a divorce, it is essential to understand these differences and to consult with an experienced family law attorney who can advise you on the best course of action for your situation. Understanding the differences between the two divorce methods will put you in a better position to know what to do. Contact the Houston divorce lawyers with The Cusic Law Firm, P.C. for more information. Call 713-650-1866 for a free consultation.

Source:

https://www.forbes.com/advisor/legal/divorce/contested-divorce/