Posted by Marriage is a beautiful thing, but it can also be complicated. While nobody enters into marriage with the intention of getting divorced, it happens. When couples decide to end their marriage, they must go through a divorce process.
Some divorce proceedings are amicable and uncontested, while others can be more contentious. In most cases, couples who go through an uncontested divorce process have a better chance of having their divorce finalized quickly and efficiently.
However, in some cases, divorce proceedings may be contested. This means that one or both spouses are not in agreement about the terms and conditions of the divorce. In a contested divorce, couples must work together to negotiate a settlement before a court hears their case.
This blog post explains the key differences between a contested and uncontested divorce. Read on to find out everything you need to know.
What Is Uncontested Divorce?
Uncontested divorce only happens when the divorcing parties agree on all the issues related to the divorce. This includes decisions such as child custody, alimony, division of assets and debts, and other essential matters.
If both parties can agree on these arrangements without court intervention, then they have an uncontested divorce.
The advantage of this type of divorce is that it’s much faster and less expensive than a contested divorce. All of the arrangements are made between the two spouses without involving a judge or mediator.
The uncontested divorce process is pretty simple and straightforward. One spouse hires a divorce lawyer to draft up the divorce agreement. The other spouse reviews the document and signs off on it. Then, both spouses submit the agreement to a court for approval.
The average cost of uncontested divorce is about $1500, and the whole process takes fewer days to complete. In most cases, the divorce will be finalized within 30 days.
What Is Contested Divorce?
Contested divorces are more complicated than uncontested ones because there is disagreement about one or more issues. This can include matters such as child custody, alimony, spousal support, and division of assets.
In some cases, one spouse may be unwilling to agree to any terms, or one spouse may not think the terms proposed by the other are fair. Contested divorces require court intervention since couples cannot reach an agreement on their own.
The contested divorce process is more expensive and time-consuming. The average cost is around $7000 to $10,000, and the process can take months or even years to conclude.
The court will usually assign a mediator to help both parties come to an agreement on all disputed issues. If they cannot do so, the case will proceed to trial, where a judge will make the final decisions.
Stipulated/Negotiated Divorce
In between uncontested and contested divorce, there is negotiated divorce. In this type of divorce, there isn’t really much to argue about, but one of the spouses is reluctant to sign uncontested divorce papers.
In this case, the attorney will file for contested divorce but try to negotiate a settlement with the other spouse. If the couple can agree on a set of divorce terms, they will file a ‘Stipulation of Settlement’, and the judge will approve it without any court hearings.
This type of divorce falls somewhere between uncontested and contested divorces in terms of cost and time taken to complete. It may take up to six months for the divorce to be finalized, and the cost may range from $1500-3000.
Mediated Divorce
Mediated divorce is another option for couples who want to avoid the expense and delays of a contested court case.
It involves both parties negotiating with the assistance of a neutral mediator. The mediator helps the couple work together to create a fair and mutually beneficial agreement.
Many couples choose mediated divorce because it is less expensive than going to court and allows them more control over the outcome.
However, a mediated divorce is not for everyone. If your spouse isn’t willing to negotiate in good faith or if you don’t feel comfortable discussing matters with your spouse, then mediation may not be a suitable option for you.
What Can I Do to Help My Divorce Go Smoothly?
The best way to ensure the smooth and speedy completion of your divorce is to hire an experienced family law attorney. An experienced lawyer can help you negotiate a fair settlement with your spouse and get it approved by the court quickly.
You should also be prepared to compromise to reach an agreement. Even if you don’t agree with your spouse on all issues, it’s important to remember that compromise is an essential part of the divorce process.
Finally, it’s best to try and come to an agreement before taking your case to court. This will save you time and money in legal fees and give you more control over the outcome.
Conclusion
Divorce can be an emotionally challenging experience, but it is crucial to understand your options before moving forward with a divorce case. If both parties can reach an agreement on all issues, then an uncontested divorce is the best option.
If there is a disagreement between the parties, then negotiated or contested divorce may be necessary. Talk to a divorce lawyer to get more information and determine which type of divorce is right for you.
It’s important to know that all divorce cases are different and require professional guidance to ensure fairness and justice when settling disputes.