Divorce Q&A: Contested vs. Uncontested Divorces

There are two basic kinds of divorces: Contested and uncontested. But, do you know the difference between them?

Many believe that knowing the difference is irrelevant. And, to be sure, the end result in either kind of divorce will be the same because you will be divorced. However, the kind of divorce you experience will affect everything from how long the divorce will take, how much it will cost, and the complexity of a case in general.

By understanding the basic differences between the two, you can participate in your divorce in a much more active way.

So, What is the Difference? 

The simplest way to differentiate between the two kinds of divorce is to understand that in one kind – contested divorces – the spouses can’t agree and in the other – uncontested divorces – they can. When we say “agree,” we’re referencing the terms of the divorce. This means spouses disagree about how to divide property, debts, whether maintenance should be awarded, and countless other common issues.

Uncontested divorces are rare from this perspective. It’s unlikely that both you and your spouse will agree on how to resolve all issues. However, it does happen and is worth noting for that reason.

Not Every Divorce Will Remain Contested or Uncontested

Let’s assume you and your spouse meet with one attorney and decide you’re going to file an uncontested divorce because you agree on all issues. But, as you begin getting into these issues a month or two into your case, you realize you don’t agree on property division. This means your case becomes contested and you may run into issues settling before trial.

On the other hand, you may begin a divorce contested but settle the case after your attorneys work out agreements on all relevant issues. This is what happens in most cases and, helps you avoid a costly and time-consuming trial in which the judge will determine how to settle any lingering issues in your case.

It’s worth the effort to settle your case, even if it means compromising on some issues you don’t want to compromise on. Doing so will ensure you have the decision-making power in your case rather than allowing the judge to decide the issues on your behalf because you couldn’t work out an agreement.

Whether Contested or Uncontested, Lawrence R. Surinak Ltd. Can Help With Your Divorce 

Regardless of whether you’re going to file a contested or uncontested divorce, Lawrence R. Surinak Ltd.’s 35 years of experience in divorce and family law matters will ensure a favorable outcome to your case! As your Naperville divorce lawyer, our primary goal in any case is settlement. This saves you time, money, and almost always guarantees the best outcome in any case.

If you’re interested in learning more about divorce or would like to take advantage of your free 30-minute consultation with Larry, contact us at 630-470-9990 or fill in our easy online form. We look forward to speaking with you and offering assistance in any way we can!

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