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What is the Difference Between a Contested and Uncontested Divorce?

There are two main types of divorce – contested and uncontested. The type of divorce you choose will greatly influence how long it takes to finalize the process and how much you will incur in legal fees and court costs. Understanding the type of divorce you have will help you make the appropriate choice for your situation as you move forward.

Uncontested Divorce

In an uncontested divorce, spouses agree on every issue that is necessary to effectively end a marriage. Generally, spouses with fewer assets and no children can more easily reach an agreement on the terms of their divorce. That said, this does not necessarily mean a couple is ending their marriage amicably. However, in the interest of saving time and money, some spouses choose to quickly settle their divorce and move on with their lives. If you have complex assets, own a business, or have children, this might not be a suitable option for you. An uncontested divorce is also not ideal if you believe your spouse might be hiding assets.

Contested Divorce

In a contested divorce, spouses cannot agree on every issue that is necessary to effectively end a marriage. Even if you agree on a few key issues, you will still have a contested divorce.

Below are the issues you and your spouse must resolve, whether through litigation or an alternative method, such as mediation:

  • Property, asset, and debt division
  • Child custody and visitation
  • Child support
  • Spousal support

Depending on the method you choose to reach an agreement on these issues, your divorce may still resolve quickly. Consult with your divorce attorney to learn more about your options and determine which is the best past for you.

Discuss Your Divorce with an Experienced Family Law Attorney

To make the best choice for your situation, contact the family law team at Cynthia Tracy, Attorney at Law, P.C. for the sound legal advice you need. Our experienced attorney will help you fully understand your options for divorce, so you can end your marriage as smoothly as possible while protecting your interests and rights. Whether your case can be settled out of court or requires litigation, you can rely on us to guide you through it.

Get started on your case today and contact our law office at (281) 612-5443 to schedule an initial consultation with a compassionate member of our team.