Divorce is never easy, but understanding your legal options can make the process less overwhelming. If you’re considering ending your marriage, you might wonder whether a contested or uncontested divorce is right for you.
In this blog, we’ll break down the key differences between the two, helping you make an informed decision that best suits your situation. After reading, you will have an idea of how each type can impact your journey and discover which path might lead to a smoother transition into your new life.
Uncontested divorce
When both partners agree on all aspects of their divorce, they can opt for an uncontested divorce. This process involves creating a settlement agreement that outlines their terms. They can draft this agreement on their own or with the assistance of an attorney.
Once both parties present this agreement to the court and confirm their consent, the judge will approve it. Sometimes, a brief court appearance is necessary, where the judge asks questions to ensure both partners understand and agree to the terms.
Contested divorce
Even though couples should try to resolve as many issues as possible, sometimes disagreements persist. The divorce becomes contested when they can’t agree on everything and need the court to intervene.
In a contested divorce, both parties gather and present evidence, including witness testimony, to support their desired outcomes. This process resembles other civil trials. The judge lets both sides share their perspectives and then decides on the unresolved issues. Then, the judge issues a binding judgment, officially ending the marriage.
Deciding between the two is crucial in your journey toward a new beginning. More importantly, understanding the key differences can help you choose the route that best aligns with your needs and circumstances. Before taking the leap, consider seeking legal advice to get the support you need during this challenging time.