Signing divorce papers and sharing properties may look like an easy process. However, sometimes, no one is ready to let go of their possessions or start a new post-marital life. In this case, the couple may decide to go to court, mainly if children, high-value assets, and finances are involved. If you are facing divorce and wondering whether involving the court is right, here is what you should know about contested and uncontested divorce and how to choose the right path.
What Is Contested Divorce
It occurs when two parties cannot agree on one or two crucial separation issues. Issues leading to disagreement include asset division, spouse support or alimony, and child support. These types of divorce often involve the court, where each party presents their case to the judge, who makes the final decision. Each spouse can also hire a legal representative who will contest the divorce on their behalf.
The advantage of a contested divorce is that the court thoroughly examines all significant issues leading to the divorce. Legal representation also ensures that all parties’ rights and interests are protected. That means both parties can benefit from a fair settlement without feeling compelled to sign the papers. This is sometimes more important than winning or losing the case.
What Is Uncontested Divorce?
This occurs when both parties agree on all crucial issues and see no need to involve the court. The divorced couple drafts a settlement outlining each party’s terms and desires. The agreement is then submitted to the court for further assessment and approval. Each spouse can also hire their legal representative to help draft and understand key terms of the agreement. This ensures both partners are comfortable with what they stand to benefit from the divorce.
An uncontested divorce is a cost-effective, fast, and collaborative separation in which both parties can quickly agree and sign the papers. The case can also be more private and less stressful since it involves neither third parties nor public scrutiny. However, it requires open communication and cooperation between the divorcing spouse to agree on crucial matters. The dominant partner may also pressure the other into agreeing to terms that do not favor them in the long term.
How to Choose the Right Path for You
Filing a divorce requires a deeper understanding of your unique circumstances and other critical aspects. Here are significant factors to consider when deciding which path to take.
1. Financial Consideration
It is essential to consider both parties’ financial stability to see if they are ready to pay legal fees and other costs. If you cannot afford these costs or have limited time to wait for the case to end, an uncontested divorce may be ideal.
2. Legal Requirements
Legal considerations are also crucial for divorcing spouses when choosing a favorable path. For instance, while most states believe in equal property sharing, sometimes spouses must fulfill specific legal requirements to achieve a fair asset division. Some states also take divorces involving children more seriously and demand both parties make decisions that are in their children’s best interest.
3. Emotional and Mental Stability
Deciding between contested and uncontested divorce also requires your mental and emotional readiness. Uncontested divorce can give a more amicable resolution without straining your emotional well-being. Agreeing on crucial issues as a couple also ensures you do not negatively impact your children’s lives, as they will not feel the impact of separation.
Endnote
Deciding to involve the court in a divorce or settling the matter as a couple can take a lot of work for spouses. However, it becomes straightforward once both parties understand what each process involves and the costs of involving third parties. Seeking legal advice is recommended whether your divorce consists of many disagreements or a mutual settlement. Your marriage attorney will help you understand the divorce’s complexities, enabling you to have a less stressful and more beneficial settlement.