Uncontested Vs. Contested Divorce

Divorces are incredibly common nowadays, with approximately 2.4 divorces per 1,000 people in the United States. Deciding to get a divorce can be undeniably complex and wrought with emotion. Generally speaking, there are two main types of divorce – uncontested and contested. There are advantages, disadvantages, and nuances to both that are important to know before pursuing a divorce. Furthermore, let’s explore some of the key differences between a contested and uncontested divorce. 

Fundamental Differences

In understanding the nuances of a contested versus uncontested divorce, it is first important to learn about the fundamental differences between the two. A contested divorce is a situation in which both parties are unable to come to a mutual agreement regarding the terms of their divorce. On the other hand, an uncontested divorce occurs when both parties are in agreement on all issues including, alimony, child custody, and division of marital property and debt. 

Which is Faster?

The great majority of the time, an uncontested divorce will be resolved faster than an uncontested divorce will. This is due in part to the additional steps involved when there is disagreement and tension about the divorce. It is not uncommon for contested divorces to turn into uncontested divorces as the two partners become overwhelmed with numerous hearings and steep legal fees, and come to the conclusion that quickly compromising over these issues may be the best resolution. 

Which is Cheaper?

Generally speaking, uncontested divorces are less expensive than contested divorces. This is because uncontested divorces often require extensive legal proceedings, which increases the divorce process costs. However, it is important to note that although an uncontested divorce may be more affordable, you may be able to receive a greater profit if you win your contested case. 

Which is More Private?

An uncontested divorce is usually far more private than a contested divorce. This is because contested divorces come along with trial cases in court, where several uninvolved individuals will learn about the ins and outs of your divorce. Unfortunately, invasion of privacy is essentially unavoidable with a contested divorce. 

Which is Better?

Overall, it can not be definitively said whether a contested or uncontested divorce is better. Ultimately, the type of divorce that you choose to pursue will be up to the complexities of your divorce. For example, if you are in a relationship with an abusive spouse, it may be in your best interest to pursue a contested divorce to ensure your safety and make sure you are not taken advantage of. Nonetheless, divorces are highly subjective and unique to each pair of partners.  

Seeking Legal Help

If you are pursuing a divorce with your partner, it is highly advised to seek legal assistance. Whether you have a contested or uncontested divorce, an experienced Florida divorce attorney can help guide you through the legal process. An attorney can help ease the legal burden, allowing you to focus on your emotional well-being and the collateral consequences that come along with getting a divorce.

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