The Difference Between a Contested and Uncontested Divorce

Marriages break up for several reasons. Although at the end of the day, the reasons don’t matter. The union didn’t work.

When a couple chooses to move forward and get a divorce, there are a few issues that need to be determined before the court gets involved. A contested and uncontested divorce tampa take two very different paths through the system. Understanding the differences may help you and your spouse choose which way best suits your situation.

Do You Agree on Everything?

If you have a spouse who is reasonable and who you can work with towards getting a divorce, you may be able to go a quicker legal route. An uncontested divorce is one in which the parties can agree on all issues without having to seek judicial intervention or negotiation. Going through an uncontested divorce is much faster, cheaper and can result in a legal ending in a fraction of the time as a traditional contested divorce.

However, if you are more like most other couples, there are probably a couple of issues on which you can’t agree. Even if it is only one, it is enough to stop the uncontested divorce and put you on the more traditional contested path. Through this, the parties may meet with mediators in an attempt to stay out of a judge’s courtroom. While the process is lengthier, it can still resolve faster if you can get on the same page with everything.

Do You Have Children?

Visitation, custody and child support are high-octane divorce topics and can throw a wrench in even the most amicable separations. Many divorces with children go the contested route simply because the parties have lofty expectations when it comes to what they can get from a judge. However, keep in mind that the court decides child custody in very black and white terms. The court keeps the best interests of the child in mind, which may not end well for either parent.

Divorce is strenuous. If you and your spouse can agree on all matters and go through it uncontested, it may be the best decision.