Uncontested vs. Contested Divorce

Ending a marriage is rarely an easy and amicable process, especially when children are involved. When you decide to file for divorce, you and your spouse must make many crucial decisions. These may involve property and debt division, alimony, child custody, child support, and visitation, among other matters. Depending on your relationship with your spouse and your willingness to sort out your divorce issues, your divorce could be an uncontested divorce or a contested divorce.

What Exactly is an Uncontested Divorce?

If a divorce is uncontested, it means that you and your spouse agree on all your divorce issues. This type of divorce is obviously easier on couples than a contested divorce since it will not involve extensive legal procedures, back-and-forth negotiations, and hearings. This means lower legal fees and less stress. Uncontested divorces are also beneficial for couples with children because they help preserve the relationship between the parents.

What Exactly is a Contested Divorce?

If a divorce is contested, it means that you, your spouse, or both of you contest some or all of your divorce issues. This also means that the entire divorce process will take longer to complete. Consequently, contested divorces are more stressful, time-consuming, and involve costlier legal fees.

How The Uncontested Divorce Process is Different From The Contested Divorce Process

Most notably, finalizing a divorce is much quicker and more cost-effective with an uncontested divorce than a contested divorce. However, if either spouse doesn’t agree with the provisions in their martial agreement or wants to involve the court to resolve a dispute, the uncontested divorce becomes a contested divorce.

The contested divorce process takes much longer than the contested divorce process since it will go through a complicated discovery process. During discovery, both parties as each other for evidence, such as bank records, tax returns, and other documents related to the contested issue. A contested divorce also takes longer to finalize because both parties must present evidence to the court during hearings. As with all legal proceedings, the longer the entire process takes, the more costly it becomes.

It is also important to note that a judge, not you and your spouse, will have control over the outcome of the divorce. When you and your spouse work together to come up with a settlement agreement that’s fair for everyone involved, you have control over what happens after the divorce. For instance, while you and your spouse may disagree on the specific days or frequency of custody exchanges, you may agree that sharing custody is still best for everyone. But when you let a judge decide, they may order a completely different custody arrangement.

Get Legal Assistance From an Experienced Ventura Divorce Attorney Now

Our Ventura divorce attorneys at Bamieh & De Smeth know how emotional and stressful a divorce can be. Whether you are just starting to explore your options or have decided to get a divorce, don’t hesitate to reach out to us. Dial 805-643-5555 or reach us online to schedule your free consultation with our Ventura divorce attorney.