Should your Divorce be Contested or Uncontested?
The decision to get a divorce can be incredibly difficult, and navigating the process is complex. One of the first decisions you will face is whether the divorce will be uncontested or contested. Each has its own requirements and timelines. And they have their own impact on your family and finances.
At Horrigan & Norman, we help clients make informed decisions that align with their personal situation and goals. Here’s what you should know about the differences between uncontested and contested divorce — and how to determine what’s right for you.
What Is an Uncontested Divorce?
An uncontested divorce is much like it sounds. In this case, both spouses agree on the key issues such as:
- Division of property and debts
- Child custody and support
- Spousal support (alimony), if applicable
- Any other matters related to the marriage ending
Because there is agreement, the process is fairly straightforward. The couple files a joint petition with a signed separation agreement that details their decisions. They must also submit an affidavit stating that the marriage has irretrievably broken down. This joint petition must be approved by the court, but once it is, the divorce can be finalized relatively quickly, considering there is minimal conflict.
Benefits of Uncontested Divorce:
- Faster resolution
- Lower legal fees
- Less emotional stress
- More control over the outcome
However, even in amicable situations, it’s important to have a qualified divorce attorney review your agreement to protect your rights and ensure everything is properly documented.
What Is a Contested Divorce?
A contested divorce happens when spouses do not agree on one or more critical issues. In this situation, one spouse files a complaint for divorce. The other spouse is then formally served with a summons.
In the case of contested divorces, there are typically negotiations, court hearings, and possibly even a trial if agreements cannot be reached. Common points of dispute include:
- Child custody and visitation
- Division of assets and debts
- Spousal support
Why Contested Divorce Happens:
Contested divorces are not uncommon when couples have had issues within the marriage. Some of those issues are:
- Disagreements about finances or parenting
- Unequal access to financial information
- High-conflict relationships
While contested divorces can be longer and more expensive, they are sometimes necessary to protect your interests or ensure a fair outcome — especially in cases involving complex financial issues or disputes over child custody.
Which Type of Divorce Is Right for You?
Deciding whether to get an uncontested or contested divorce comes down to your situation. Here are a few questions to consider:
- Are you and your spouse able to communicate and compromise?
- Do you agree on major issues like custody, property division, and support?
- Are there complex financial matters that may be difficult to resolve?
In some cases, couples begin with contested divorce filings but resolve their issues through negotiation or mediation before trial, leading to a settlement. Others may need the court to make decisions on their behalf.
At Horrigan & Norman, we help clients understand all of their options and advocate for the approach that will achieve the best possible outcome. Whether you’re pursuing a cooperative, uncontested divorce or facing a contested situation, our experienced divorce lawyers will guide you every step of the way.
Speak with a Divorce Attorney in Lynn, MA Today
Every divorce is different — and so is every client’s definition of resolution. If you’re considering divorce and not sure where to start, we’re here to help.
Contact Horrigan & Norman today to schedule a consultation. We’ll help you explore your options, protect your interests, and move forward with confidence.
