Beyond the obvious emotional turmoil, divorces also involve important legal and financial considerations. When initiating divorce proceedings, one of the first decisions that must be made is whether the divorce will be contested or uncontested. Understanding the key differences between these two types of divorce is essential for navigating the process.
What is an Uncontested Divorce?
In an uncontested divorce, the spouses agree on all aspects of the divorce including property division, finances, child custody, and support. Essentially, a couple is able to come to a mutual agreement about the terms of the divorce without needing intervention from the court system.
Some of the factors of an uncontested divorce include:
- Agreement on Division of Assets and Debts – All property, assets, and debts are divided to the satisfaction of both spouses. This includes real estate, vehicles, investments, retirement accounts, and personal property.
- Child Custody Arrangements – Parents agree on physical and legal custody as well as a visitation schedule for children of the marriage.
- Spousal and Child Support Payments – Spousal support and child support amounts are agreed upon by both parties.
- Less Legally Involved Process – Because spouses agree on everything, an uncontested divorce moves through the court system faster and with less involvement from lawyers and the court.
Benefits of an Uncontested Divorce
There are several advantages to pursuing an uncontested divorce:
- Reduced Stress – Keeping the divorce amicable reduces emotional stress for both parties as well as children.
- Lower Costs – With minimal court intervention and no need for extensive attorney fees, uncontested divorce costs are much lower.
- Quicker Process – Uncontested divorces can be finalized in a matter of weeks or months rather than potentially years for contested cases.
- Maintain Control – Spouses have more control over the terms of the divorce rather than leaving important financial and custody decisions in the hands of a judge.
- Improved Post-Divorce Relations – An amicable uncontested divorce allows for a smoother transition to a post-divorce relationship, especially when co-parenting.
What is a Contested Divorce?
In a contested divorce, spouses do not agree on one or more aspects of the divorce such as asset division, alimony, child custody, or child support. Due to many complex disagreements, a judge ultimately has to intervene and make legally binding decisions regarding the terms of the divorce.
Some factors of contested divorces include:
- Disagreements About Property or Finances – Ex-spouses cannot come to an agreement about the division of assets, debts, valuations, or spousal support.
- Custody Disputes – Parents engage in custody battles over physical custody arrangements, legal decision-making authority, and parenting time.
- Support Payment Conflicts – There are disputes over the amount or duration of alimony payments or child support needed.
- Lawyer Negotiations – With many areas of dispute, contested divorces rely heavily on lawyers to negotiate and argue on behalf of each spouse.
- Court Intervention – Judges have to hold hearings, listen to testimonies, and consider evidence before ruling on disagreements.
Drawbacks of Contested Divorces
The nature of contested divorces unfortunately creates a number of disadvantages:
- Heightened Emotions and Animosity – Couples often develop antagonistic feelings towards each other throughout the adversarial legal process.
- Financial Burden – Contested divorces can be extremely expensive with each spouse hiring lawyers and engaging in a lengthy court battle.
- Lengthy Process – It is not uncommon for contested divorces to take over a year to finalize given the back-and-forth legal proceedings.
- Unpredictable Results – Allowing a judge to decide key divorce terms means spouses give up control over important life decisions.
- Difficulty Co-Parenting After – A contentious court battle can irreparably damage a couple’s ability to effectively co-parent their children post-divorce.
Which Type of Divorce is Right for You?
In general, an uncontested divorce is preferable if couples can mutually agree on divorce terms. The decision depends largely on being able to effectively communicate, compromise, and separate emotions from financial decisions. However, not all cases allow for agreements to be made. Consulting an attorney from Northwest Family Law to understand your legal rights is essential for determining which divorce process is best suited for a particular situation.
While divorce is never easy, being informed about the process itself provides the best chance for an efficient and stress-reducing experience.
You can visit one of our offices today at the following locations:
- Bellevue – 10900 Northeast 4th St, Suite 2300, Bellevue, WA 98004
- Kirkland – 1207 Market St. Kirkland, WA 98033
Alternatively, you can call now for a free consultation on (206) 792-0981.