There are two types of situations married couples may find themselves in as they look to divorce. One spouse may be over their spouse’s antics and be ready to call it quits, while the other wants to keep on fighting to keep the marriage intact. There are other instances in which both parties may feel like their relationship has run its course and both be committed to ending it.
The factors described above may impact whether you end up being amicably able to resolve matters such as child custody and property division or not. This is the main distinguishing factor between a contested and uncontested divorce.
When is a divorce uncontested?
Spouses who can both agree that their marriage is over often can reach agreements about child custody, alimony and property division between themselves generally qualify to file for an uncontested divorce. A judge may also convert a divorce case that starts as a contested one to an uncontested one if one of the spouses doesn’t show up for a hearing in the case.
When might a couple need to pursue a contested divorce?
Spouses who struggle to reach an agreement on property division, spousal maintenance and parenting time may end up needing to pursue a contested divorce. Couples who pursue this option send a message to the court that they tried and failed to resolve their differences and need the judge to decide them.
Why an uncontested divorce is preferable if you can do it
Getting to the point where you can have an uncontested divorce is good because it can:
- Minimize potential conflict between spouses
- Allow you to have a say in the outcome of your case
- Let you keep personal information out of the public record.
- Let you quickly resolving your divorce
- Keep your legal and court fees down
Regardless of which type of divorce you pursue, having an experienced family law attorney on your side can help you improve your chances of obtaining the outcomes you’re seeking.