Divorce: Contested or Uncontested?

Not all divorces are bitter, adversarial battles between spouses. There are some circumstances in which both spouses agree on a number of issues, but still have some points of contention. In other cases, both spouses completely mutually agree on all major points such as child custody, child support, and the division of marital property. Divorce can look many ways, and the type of divorce a couple will have will be completely up to them. Making the decision to have a more amicable divorce will always result in the savings of time, money, and stress. 


Option 1: Contested Divorce


The majority of divorces in the United States of America are contested divorces. A contested divorce is one in which both parties cannot agree on a major issue such as the division of marital assets and debts, child custody and visitation matters, or child support calculations. As expected, most divorces require the balance of different perspectives from each spouse regarding these major issues. However, even if a couple has a contested divorce, there are still other options available to them to make it as amicable as possible. One of these is through the mediation process. Even if a divorce is contested, the spouses can agree to go through mediation, where they allow an experienced and neutral third party to sit down with them to brainstorm ways to come to mutually agreeable solutions regarding any outstanding issues within the divorce.


It is important to note that contested divorces are much more costly and time-consuming, which is why it is always best to attempt to pursue the most amicable routes possible even within a contested divorce. While most spouses would not want to have a highly adversarial divorce, there are benefits to a contested divorce. For example, a contested divorce will require both spouses to provide a complete financial discovery and accounting regarding all assets, debts, and finances. This may prove valuable when one spouse has attempted to hide assets from the other. Essentially, consulting with an experienced divorce attorney can help ensure that your legal rights are protected.


Option 2: Uncontested Divorce


The other option spouses have is to agree to an uncontested divorce. This type of divorce is one in which both spouses agree on all major issues regarding a divorce including child custody, child support calculations, spousal support calculations, and the division of marital assets and debts. Uncontested divorces still need to be filed with the court, and a judge will simply look to see whether the agreements made by both spouses are reasonable before signing off on the paperwork to make the divorce final. It is important to note that having an experienced divorce attorney on your side, even during an uncontested divorce, can ensure that your legal rights are protected.


Contact an Experienced Divorce Attorney 


Whether you are considering having a contested or uncontested divorce, it is important to seek legal counsel in order to ensure that all your rights are protected regarding your children, visitation, child support calculations, spousal support, and the division of your marital assets. Contact the experienced family law attorneys at Lankford & Moore Law to help you determine how best to proceed with your divorce to provide you with proper legal guidance. 

I realized the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby — not even money, certainly not my soul.

Mahatma Gandhi

Lankford & Moore Law in Downtown Lawrenceville

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