Contested divorce. Requires court intervention to resolve disputes
Disagreements may concern such issues as:
- maintenance of children;
- alimony;
- division of property;
- debts or other related issues.
Without court intervention, these disputes can lead to a lengthy and complex process.
When one party files for divorce, it initiates a court proceeding that can last months or even years. At this time, both parties will most likely need experienced legal counsel to navigate the complex situation and negotiate any possible settlement.
In some cases, both parties may resort to mediation or arbitration to reach an agreement without having to go through lengthy court proceedings. If the spouses cannot come to an agreement, the disputed issues are decided by the court, according to the law of the state.
Uncontested divorce. Can be completed without court intervention
What does an uncontested divorce mean? An uncontested divorce means that both parties agree on all the terms before filing for divorce. This applies not only to financial matters such as property division and alimony but also to any other aspects such as child custody or visitation rights. The couple must come to a mutual agreement on these matters without the intervention of a third party or the court system. After reaching an agreement, they can file for divorce without going to court.
What does contested divorce mean? A contested divorce is a process in which one or both parties do not agree with all the terms of the agreement, so they need court intervention to resolve their differences. In this situation, the spouses must attend court hearings where they will have to present arguments to prove their rightness.
If, after hearing all the evidence, the judge cannot reach a decision in favor of either party, the case is referred to mediation or arbitration. Once an agreement is reached through mediation or arbitration, it can be presented to a judge for approval and finalization of the terms of the divorce.
Contested divorce. It may involve lengthy negotiations and court proceedings
This takes a long time because both sides have to present their arguments before the judge makes a ruling. Partners will have to attend mediation sessions or call witnesses for the court to make a decision.
In contrast, an uncontested divorce is an agreement between two parties that eliminates the need for lengthy negotiations or litigation. This method, as a rule, involves signing an agreement that outlines all the terms of the divorce, including the division of property and custody of children.
After the agreement is signed by both parties, it is submitted to the court for approval, after which it becomes legally binding. Getting a cheap divorce in Arizona is possible with an uncontested divorce, which is quicker and more affordable compared to a contested one as it doesn’t involve any hearings or lengthy negotiations with lawyers and judges.
Uncontested divorce. Can be completed quickly and without the need for litigation
The process can be lengthy and involve multiple hearings before any resolution is reached. During this time, both parties will have to work with lawyers to defend their position in court. This requires spending time and money.
An uncontested divorce is much faster and cheaper than a contested one. If you are looking for a way to end your marriage quickly and without too much stress, then this method may be the right solution for you.
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Contested divorce. May require more time, money, and emotional resources
In addition, the parties must be willing to compromise in order to reach an agreement. This process can be expensive and stressful, as the spouses will have to defend their interests in front of a judge or jury. If the parties cannot agree on an issue, the case may go to court, which can also be an expensive and lengthy process.
In the case of an uncontested divorce, both parties agree on all the main issues before applying to the court. This type of cheap divorce usually takes less time and costs less because it does not require any court proceedings. The parties can come to an agreement independently, without court intervention, and without spending additional funds.
In addition to the above, we attach statistics comparing the cost of contested and uncontested divorce:
Uncontested divorce. Usually cheaper and less stressful
This type of divorce is often seen as more amicable because the couple can come to an agreement without involving lawyers or a judge. Negotiations are usually between two parties, with each party responsible for their own attorney fees. This process usually takes less time and can be completed quickly once both parties have reached an agreement.
Contested divorces involve lengthy court proceedings where each party is represented by their attorney. The couple will have to go through an evidentiary and hearing process where evidence is presented to the judge who makes the final decision. Such a process is often much more expensive and longer due to additional court costs associated with appearing in court and preparing documents.
To help memorize the difference between contested and uncontested divorce, check out the following infographic:
References:
- Contested vs. Uncontested Divorce. https://www.justia.com/family/divorce/the-divorce-process/contested-vs-uncontested-divorce/
- Toni Matthews-El. What Is A Contested Divorce? https://www.forbes.com/advisor/legal/divorce/contested-divorce/
- Resolve Your Divorce or Separation Out of Court. https://www.courts.ca.gov/1226.htm
- Melissa Heinig. How to Proceed With an Uncontested Divorce. https://www.nolo.com/legal-encyclopedia/how-to-proceed-with-an-uncontested-divorce.html
