The Key Differences Between a Contested and Uncontested Divorce

Going through a divorce can be an incredibly challenging, emotionally ridden, and overwhelming process. According to data compiled by the Centers for Disease Control and Prevention (CDC),   the divorce rate in the United States is 2.4 per 1,000 people, amounting to approximately 673,989 divorces.

While common in the United States, divorce is a complex process that comes along with a number of nuances and laws. Determining whether to pursue a contested versus uncontested divorce is an important step that can greatly affect the outcome of your divorce and the process of it. Therefore, let’s explore what the key differences are between a contested and an uncontested divorce.

Level of Agreement

Perhaps the most significant differentiating factor between a contested and uncontested divorce is the level of agreement between the two partners.

In an uncontested divorce, partners are able to come to an agreement on the majority of key issues related to the dissolution of the marriage including, but not limited to child support, child custody arrangements, division of property and assets, alimony, and more. On the other hand, in a contested divorce, the partners are unable to agree upon key issues pertinent to the divorce. 

Time

Another key element that differentiates a contested divorce from an uncontested divorce is the amount of time that it takes for the divorce to be finalized. Given the number of issues that must be resolved, as well as the need for further court intervention, contested divorces typically take longer to finalize. However, the time that it takes for the divorce to be finalized is largely dependent on the number and complexity of issues that must be addressed.

Cost

Another way in which a contested and uncontested divorce differs from one another is when it comes to cost. As mentioned, contested divorces are much more complex as there are typically a number of different issues that need to be resolved. As a result, more court hearings and legal fees are involved, which makes contested divorces almost always more costly. 

Which is Better?

There is no “correct” answer as to whether a contested or uncontested divorce is better than the other. Ultimately, this decision is unique to each relationship and the nuances of it. While some may argue that an uncontested divorce appears to be more favorable given that it typically takes less time to finalize and is less costly, one should not be willing to compromise or give up on what one wants just to make the divorce process easier.

You must do what is best for your financial, mental, and emotional well-being and not let your partner take advantage of you being in a vulnerable state of mind. To help ease undue stress caused by the divorce process, it is important that you work with a Manassas divorce attorney who can help ensure that your rights are protected and that the divorce will be fairly decided.