When Does an Uncontested Divorce Become Contested?

June 26, 2023

When couples get engaged and plan for their marriage, they plan how to combine their lives. This can include their finances and other assets, any children they already have from previous relationships, children they desire in the future, their lifestyles, and even their pets.

While preparing for a divorce is much less of an exciting or happy process, it also takes time and planning. The couple must now divide their lives, including their money, property, and time with their children. This isn't an easy process by any means. However, by working with an experienced San Bernardino divorce lawyer, it can be more manageable both logistically and emotionally.

Negotiating a Divorce Settlement

Divorcing couples need to understand that dividing their lives is as much of a process as combining their lives was. Often, it's even more time-consuming, detailed, complex, and frustrating. Generally, most divorcing couples need to determine these four primary issues:

The court won't grant their divorce unless these issues are worked out either in negotiations or by the court. Ideally, the couple can work with their own divorce attorneys to negotiate settlements on each of these issues that are acceptable to each party. This is known as an uncontested divorce.

However, suppose a divorcing couple can't agree on solutions to all of these critical issues. In that case, their divorce will become a contested divorce.

What is a Contested Divorce?

When couples can mutually negotiate the details of their divorce, they have an uncontested divorce. They reach agreements on significant issues, and the court generally approves and issues their divorce decree.

On the other hand, a contested divorce occurs when the couple can't reach an agreement on one or more of these essential issues. Instead, the fate of the issues will be put in the hands of the court. Sometimes, this is the only way to manage a divorce for various reasons.

However, it's best for the couple to negotiate their divorce terms whenever possible. This saves everyone time and expense. It also gives both spouses more control over the outcome of their divorce.

Sometimes divorces can start as contested divorces, but through the process of mediation or collaboration, they change to uncontested divorces. Suppose you and your soon-to-be ex-spouse can't agree on the terms of your divorce. In that case, your San Bernardino divorce lawyer can help you utilize several methods and tools that might help you reach agreements.

Do You Need a San Bernardino Divorce Lawyer?

Even when couples can successfully negotiate a divorce settlement, divorce can be a difficult and drawn-out process. It's best to hire your own seasoned San Bernardino divorce attorney to make the situation as easy as possible.

While no attorney can make a divorce a happy and painless process, the right one can make the best out of an undesirable situation. At the law firm of Bamieh & De Smeth, our San Bernardino divorce attorneys strive to make the divorce process as seamless and painless as possible. To learn more about our divorce services and schedule your private consultation, contact us online or call 805-643-5555 today.