When going through a divorce there is a lot of paperwork and choices to be made by all parties involved. These decisions differ from couple to couple and can include things like alimony and spousal support, child support, custody of a child, and the division of assets.
In the simplest of terms, if a couple can come to an agreement on all of the terms of their divorce prior to trial this is called an uncontested divorce. However, if they cannot agree on one or more significant matters it becomes a contested divorce.
These two types of divorces are not set in stone. A contested divorce can become an uncontested one if the couple compromises and agrees after some discussion. The opposite can also happen if one or more parties change their mind on something prior to it being legally binding. Let’s break down what those two types of divorces look like and what happens in each scenario.
Uncontested Divorce
An uncontested divorce is the simplest route. If spouses agree on all major terms they can have a quick, easy and mostly pain-free divorce. Uncontested divorces can be finalized at a quicker speed because you do not need to go to trial, endure the process of discovery or wait for a number of other time-consuming legal preceding to take place. Uncontested divorces are also typically less expensive than contested ones.
Contested Divorce
While a contested divorce will be lengthier and more expensive, depending on what the disagreement is they may be very worthwhile to ensure the best outcome. If agreements cannot be made between spouses and their attorneys they will need to go to court where ultimately the judge will make a final decision in the case. This includes a lengthy process of discovery where each side collects and shares evidence. Due to the amount of time a divorce trial takes this is why contested divorces end up being much pricier.
Is the agreement set in stone?
One of the major differences between the two types of divorce is the extent to which they can be appealed or changed. In an uncontested divorce, there are no appeals. Since the terms were decided upon by the couple they are relatively finite. If there is a change of circumstance and/or a certain amount of time has passed there may be options to adjust the agreement. In a contested divorce when the decisions are made by a judge instead of the couple, you may have the option to appeal those decisions and change your agreement.