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The difference between a contested and uncontested divorce

On Behalf of | Aug 17, 2021 | Property Division |

An uncontested divorce can be a simpler divorce process that may save time and cost in the long run. Unlike an uncontested divorce, a contested divorce can be more acrimonious, time consuming and costly which is why it makes sense to understand what an uncontested divorce is and if it is an option for the divorcing couple.

How uncontested divorces work

An uncontested divorce refers to a type of divorce that neither of the spouses is fighting. Not all divorces qualify for an uncontested divorce process. To qualify for an uncontested divorce process, the divorcing couple cannot have any financial disputes and both agree to the divorce. If one of the spouses refuses to respond to the divorce proceedings, it is viewed as an agreement to the divorce. Complex divorces may not qualify for an uncontested divorce process.

Possible benefits of an uncontested divorce

When both spouses agree to the basic issues involved in the divorce, an uncontested divorce option may be available to them. This can include child custody, child support, property distribution and spousal support. The uncontested divorce process is generally viewed as more streamlined and less confrontational. It is also a more private process with fewer public filings.

An uncontested divorce can have lower conflict and cost and move more quickly so the divorcing couple can resolve their divorce in a more timely manner and move forward with their lives. This can be appealing to a divorcing couple that agrees to the divorce and is ready to move on which is what makes it beneficial for couples considering divorce to understand.



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