What Is the Difference Between Contested and Uncontested Divorce?

 Posted on July 25, 2023 in Divorce

When a person chooses to end their marriage and get a divorce, they will need to determine whether to pursue a contested or uncontested divorce. It is essential to understand the differences between the two. Depending on the approach taken during the divorce process, the outstanding issues in a case may be addressed in different ways. Those who are planning to get a divorce can ensure that they are prepared to handle their legal concerns by working with a skilled and experienced family law attorney.

Uncontested Divorce

In an uncontested divorce, both parties will agree on all issues that need to be addressed in order to dissolve their marriage legally. These issues may include, but are not necessarily limited to, child custody, property division, and spousal support. The parties will need to reach agreements on how all outstanding issues will be resolved, and their decisions will be set down in a divorce settlement agreement. This settlement will then be filed in court, and once a judge signs off on it, the couple's marriage will be terminated.

Even if a divorce is uncontested, this does not mean that a couple will not encounter conflict. During the process of negotiating a settlement, contentious disputes may arise, and a couple will need to determine how to work out their differences and reach agreements that will be acceptable to both parties. In some cases, couples may be able to negotiate a settlement with the assistance of their respective lawyers, while in others, they may use mediation to address their outstanding issues and work together to reach agreements.

An uncontested divorce is often a faster, more straightforward, and less expensive option for dissolving a marriage. Couples can usually save time and money by negotiating with each other outside of court. If they are willing to cooperate and compromise, they can resolve their issues and be prepared to move forward once their divorce has been finalized.

Contested Divorce

If a couple is unable to reach agreements on one or more issues, they may require the court to step in and determine how these matters will be resolved. In a contested divorce, the spouses will need to prepare for a divorce trial, and they will each present arguments and evidence to a judge and ask them to make the final decisions about how disputed issues will be resolved. A contested divorce can be much longer and more expensive for both parties, as it will require extensive work by an attorney to prepare a case and provide representation during a trial. In addition, the judge’s decisions can be unpredictable, and they can vary from case to case, making it challenging to predict the outcome of a contested divorce.

Couples can usually benefit by working together to resolve their differences outside of court. However, there may be some situations where divorce litigation may be necessary. For example, if one spouse has been abusive or controlling during a couple's marriage, it may not be possible to have productive discussions and negotiate agreements, and resolving matters in the courtroom may be preferable. An attorney can provide guidance on when a contested divorce may be a good idea or whether there are other options for resolving disputes and creating a settlement.

Contact Our Hurst Contested and Uncontested Divorce Lawyer

At Daniel R. Bacalis, P.C., our Tarrant County divorce attorney provides effective legal representation for spouses who are working to end their marriages. We can offer guidance on the best ways to protect your rights when negotiating a divorce settlement, and we can assist with these negotiations and ensure that your rights and interests will be protected in the decisions you make. If negotiations break down or if you are unable to resolve conflicts outside of court, we can advocate for you in the courtroom and help you achieve an outcome that will meet your needs after your divorce is complete. To arrange a free consultation and get the legal help you need during your divorce, contact our firm today at 817-498-4105.