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What is the Difference Between Contested and Uncontested Divorce?

Is your marriage on the verge of ending? Are you and your spouse discussing divorce? If so, you may want to take a moment to understand the difference between contested and uncontested divorce. While the majority of married couples seeking to part ways do so through uncontested divorce, your situation may require litigation.

Uncontested divorce

Uncontested divorce is suited for couples who are able to agree on issues like alimony, child custody, child support and equitable distribution. The process is relatively straightforward, fast and affordable. Many couples who have children favor uncontested divorce because it bypasses court and reduces the emotional strife experienced by all parties involved. However, you should still retain the services of an experienced lawyer —uncontested divorces can be confusing and some can even turn into contested divorces halfway through.

Contested divorce

If you and your spouse are experiencing a contested divorce, you are unable to agree on issues like alimony, child custody, child support and equitable distribution and require the assistance of the court. Depending on the extent of the issues you and your spouse disagree over, your case may drag on. Contested divorces can last several weeks, months and in rare cases even longer ¾ and thus can become quite expensive. Since parents are constantly fighting, contested divorce can also be especially difficult for children. However, if you are seeking custody of your children or alimony, contested divorce may be your only option.

No matter how amicable you and your spouse may be towards one another, you should always consult with a trusted lawyer prior to initiating a divorce proceeding.

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