Posted in Firm News
Divorce
Divorce is a major decision that impacts both spouses and their families. While every situation is different, most divorces fall into two main categories—contested and uncontested. Knowing the differences between these types of divorce helps us understand what to expect during the process and how best to prepare for it.
What An Uncontested Divorce Means
In an uncontested divorce, both spouses agree on the major issues. These typically include property division, child custody, child support, and spousal support. Because both parties are in agreement, the process is usually quicker and less stressful. We still must follow the required legal steps, but with fewer disputes, the timeline and cost are often reduced.
Uncontested divorces also give couples more control over the outcome. Instead of leaving decisions entirely up to a judge, both spouses decide the terms together. This can help maintain a more cooperative relationship, which is especially important when children are involved. While it may not eliminate all disagreements, resolving issues outside the courtroom often creates a smoother path forward.
What A Contested Divorce Involves
A contested divorce occurs when the spouses cannot agree on one or more key issues. Disputes may arise over child custody, division of marital assets, or support obligations. Because these disagreements need to be settled, the court becomes more directly involved. Each spouse presents evidence and arguments, and the judge makes the final decision on the unresolved issues.
Contested divorces tend to take longer and involve more court hearings. They can also require a greater financial and emotional commitment. However, sometimes a contested divorce is necessary, especially if there are disagreements that cannot be resolved through negotiation or mediation. In these cases, the court ensures that decisions are made according to the law and with consideration of the family’s circumstances.
Key Differences Between The Two
The primary difference between contested and uncontested divorce lies in whether the spouses agree on the important matters. An uncontested divorce moves forward more quickly, is less costly, and gives the parties more control over the outcome. A contested divorce, on the other hand, involves more legal steps, more time in court, and decisions made by a judge rather than the spouses themselves.
Another important difference is the level of cooperation required. An uncontested divorce is built on compromise and agreement, while a contested divorce reflects a lack of consensus. Both processes are legally valid, but the path chosen depends on the level of agreement between the spouses.
Moving Forward With Divorce Decisions
Deciding whether a divorce is contested or uncontested is not always within our control. Even when one spouse wants to reach agreements outside of court, the other may not. Regardless of the path, it is important to understand the legal process and what each option means for our family’s future. Working with the right attorney can make a difference in how effectively we handle these situations.
Attorneys like those at Fait & DiLima, LLP provide guidance through either type of divorce, helping us focus on the steps necessary to protect our rights and our family. When we are facing the end of a marriage, it is helpful to work with a Bethesda, MD divorce lawyer who understands both contested and uncontested processes.
