Difference Between A Contested And Uncontested Divorce?
The differences between a contested and uncontested divorce are actually quite clear and easy to grasp; it is one of the most common areas of confusion for those new to the quick fire and cutthroat world of divorces. This article will explain and demonstrate the differences between a contested divorce and an uncontested divorce.
Simply put, a contested divorce is one where both parties cannot completely agree on all the issues involved in their particular case. Some of the issues that can cause arguments are:
- The reason (grounds) for the divorce)
- The division of material assets relating to the partnership
- Maintenance payments (otherwise known as alimony)
- Payment of debts
- Custody and visitation rights if there are children involved.
All of these areas are very delicate, and can be causes for much distress and argument. Of course this is just a list of the most common areas of contest; there are potentially hundreds if not thousands of other things that ex-partners will drag up and argue about.
Disagreement
Unfortunately this disagreement is simply in the nature of things: people want to salvage as much as they can from the divorce. In addition they will want to cause as much trouble for their ex-partner as they can. Uncontested divorces are rare.
Those Divorce Lawyers
The cynic in me would like to point out that divorce lawyers generally don’t like uncontested divorces because there is very little for them to do. If there’s not much to do then they will not be receiving as much as they would like in fees. But, like I say, that might just be me being cynical.
A Divorce Changes…
The change between a contested divorce and uncontested divorce is not something that is absolute, and generally all filed divorces start as contested divorces and, through a gradual process of agreement, compromise, horse-trading and in many cases court intervention, all areas of disagreement are resolved. Once all items are resolved – even though they may not be resolved to the satisfaction of all the parties involved – then the divorce becomes uncontested and things can finally be wrapped up. Uncontested divorces progress much quicker and are settled much more economically than contested divorces.