No two divorces look alike, but divorces can still be classified as falling within one of two categories: contested and uncontested. Here is a brief explanation of the difference between the contested and uncontested divorce, with common questions about these two types of divorce answered.
Uncontested and Contested Divorce Defined
Uncontested divorce
The process for an uncontested, or undefended, divorce typically runs much more smoothly than that of a contested divorce, as with this type of divorce both parties involved agree on the terms of the divorce. These divorces need not be resolved in a court, making the divorce process much more bearable for those involved. Even so, an uncontested divorce is not the same thing as an amicable divorce.
Contested divorce
Contested divorce, also known as defended divorce, arises when both parties disagree on the terms and details of the divorce. The two spouses involved in a contested divorce must seek not only legal counsel but also assistance from a court in order to adjudicate the dispute.
Potential Points of Disagreement
Many stars need to align in order for a divorce to go uncontested. Both parties involved must agree on a variety of terms, including the division of assets, allocation of debts, alimony, child support, and child custody. Whether or not to get a divorce actually cannot be contested.
Settling Uncontested and Contested Divorce
Uncontested divorce
The process for settling an uncontested divorce is shorter, more convenient, more private, and less expensive because the divorce can proceed without going to court for trial. For this reason, these divorces are often referred to as simple divorces. Even so, how simple the divorce process is depends on whether or not the spouses have children, and other factors such as the number of assets, whether or not both spouses are self-supporting.
Contested divorce
A contested divorce is typically more time-consuming and more expensive because of the added intervention that is involved. How complicated the process gets does vary, as a married couple can choose to settle some issues outside of court and then seek the help a judge to decisions concerning particular issues like child custody or spousal support. Sometimes a divorce can become contested and eventually reach an agreement concerning the terms of a divorce before going to trial. This is called a settlement. Many states have passed mandatory mediation laws that strongly encourage spouses to reach an agreement before taking their divorce issues to court.