Understanding the Difference Between Contested and Uncontested Divorce

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It is a common misconception that the difference between a contested and uncontested divorce is whether both parties agree to get divorced or not. While that can be a part of the disagreement, most states now have “no-fault” divorce ability so that nobody is trapped in a marriage they do not want to be in. Basically, you can contest the divorce all you want, but in one way or another it is going to happen if your spouse wants it. So, if that’s not what is meant by contested and uncontested divorce, we need to look a bit deeper.

Understanding the Difference Between Contested and Uncontested Divorce

While it may not be the divorce itself that is in contention, it can be everything else to do with it. Two parties can be in disagreement about marital asset distribution, debt distribution, spousal support, child support, and child custody and visitation. Divorce proceedings can begin as one type and morph into the other. In fact, they can go back and forth many times. You might start out in complete agreement about everything (uncontested divorce) and then hit a snag on one or more points (contested divorce) before eventually reaching an agreement on everything (uncontested divorce). Get the picture?

It is getting to the final leg of the divorce journey that can be problematic for some couples. After all, not being able to agree on certain things may have been the impetus for the divorce in the first place. You don’t have to worry that your divorce will drag out indefinitely, however, as your divorce attorneys, divorce mediation professionals, and the judge overseeing your case can all help you sort it out.

At the office of Robert G. Spaugh, Attorney at Law, we have 30 years of experience in family law, including contested and uncontested divorce. We can help you get through this challenging time so that you can move on with your life. Reach out today to arrange a consultation, including a free 15-minute phone consultation to learn more.

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