Uncontested vs. Contested Divorce

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Uncontested vs. Contested Divorce

As you and your soon-to-be-ex begin the divorce process, you’ll need to decide whether your divorce will be contested or uncontested.   

Uncontested Divorce

A divorce is uncontested if you and your spouse are in agreement on topics at the core of the divorce, including custody of any children you have together, child support and alimony to be paid, and division of community property and debt. Keep in mind that an uncontested divorce doesn’t necessarily mean it’s without a dispute or two. Rather, the splitting couple can resolve the terms of the divorce outside of court. 

Contested Divorce

Contested divorce sits on the opposite end of the spectrum. If you’re having difficulty finding common ground with your spouse on the divorce proceedings, the divorce is considered contested. 

Typically, a court adjudicates the disagreements in a contested divorce. However, you and your spouse could use arbitration and mediation to resolve any issues. This process can take place with or without the use of an attorney, but contested divorces always take longer, are more expensive, and come with a much higher emotional cost.

Determine Your Type

From the start, you’ll want to determine how your divorce is categorized: uncontested or contested. An uncontested divorce should always be the goal. The more you and your spouse can agree upon the better. 

However, things may change. If you find that you and your soon-to-be former spouse disagree on one or more issues, use your LegalVorce materials to focus those disputes and get the process back on track toward an amicable resolution. In the event you have to go to court for a formal ruling, the judge will want to know specific areas of dispute that will need to be in your final divorce decree and won’t want to hear whether one person never emptied the dishwasher. Your LegalVorce materials can help you be prepared and streamline the process regardless of how your divorce ends up.

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    Your state of residence:

  • Do you know where you spouse is located?

  • Will your spouse be willing to sign the divorce papers with you?

  • Do you have any children from this marriage that are under the age of 18?

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Do you qualify for an online divorce?

Your state of residence:

Do you know where you spouse is located?

Will your spouse be willing to sign the divorce papers with you?

Do you have any children from this marriage that are under the age of 18?

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