Uncontested Divorce

An uncontested divorce means both spouses agree on all of their divorce-related issues. Each state has specific legal requirements that spouses must meet before they will proceed with an uncontested divorce. you’ll want to consult an area attorney or check your local courthouse website for specific requirements.

Even though you’ve got to satisfy certain requirements, an uncontested divorce is usually much easier than a contested divorce because spouses can end their marriage without constant negotiations, legal posturing, and court hearings. Thus, an uncontested divorce usually involves less stress and fewer legal fees. The uncontested divorce process also tends to preserve a relationship between the spouses, which is particularly important if they need children.

However, divorcing spouses must be ready to work together toward mutually agreeable resolutions so as to resolve all of their divorce issues. Although working together with your soon-to-be-ex to settle important financial and child-related issues could seem difficult, it’s a method to finish your marriage without a full-blown court battle.

However, divorcing spouses must be ready to work together toward mutually agreeable resolutions so as to resolve all of their divorce issues.

If your goal is to proceed with an uncontested divorce, but you’re having trouble communicating together with your ex, you’ll participate in mediation to resolve your issues. Mediation may be a voluntary process (in most states) where a neutral third-party facilitates a conversation between the spouses within the hopes of reaching an agreement on outstanding divorce issues.

If the spouses agree, the mediator will draft an agreement to present to the court, and therefore the judge will sign it into the divorce order. If either spouse disagrees with a contested issue, the mediator will send them back to the judge for resolution.

Contested Divorce

A contested divorce is simply what it sounds like: one or both spouses contest (dispute) some aspect of their divorce. Therefore, the divorce proceedings take for much longer to finish and typically involve greater stress and increased legal fees.

With a contested divorce, spouses will need to undergo numerous steps before the divorce is finalized, including:

prepare, file, and serve (deliver) the divorce petition (legal paperwork posing for the divorce and stating the grounds for the breakdown of the marriage)

respond to the petition

interview and hire an attorney

engage in “divorce discovery” – the knowledge gathering process, which involves various legal procedures to urge information from your spouse and third-party witnesses (e.g., written questions, subpoenas, and depositions)

pre-trial legal motions and hearings

settlement proposals and negotiations between attorneys

if settlement fails, steel oneself against trial

complete a court trial, and

file an appeal, if you dispute the trial judge’s decision(s).