The differences between contested and uncontested divorce

On Behalf of | Mar 6, 2020 | Divorce |

Considering divorce is often stressful, but it’s important for anyone who might soon file for the dissolution of their marriage to understand that there is more than one approach to this process. In fact, your Pennsylvania divorce can be as unique as your marriage.

One of the most basic classifications for divorce is whether the divorce itself is contested or uncontested. Uncontested divorces have become somewhat trendy in recent years, and once you understand how they differ from contested divorces, you may understand why.

Contested divorce involves the standard courtroom battle

When most people think about divorce, it is a contested divorce that they picture. A contested divorce occurs when only one of the two spouses wants to get divorced or when the divorcing couple can’t reach an agreement about the terms of the divorce.

Wanting to retain the same assets or refusing to accept shared custody are common reasons for contested divorces. As you might imagine, fighting in court over specific terms can often mean that a contested divorce has become more expensive and takes longer to finalize than uncontested divorces.

Uncontested divorces mean that you resolve everything before you file

When you file for an uncontested divorce, you affirm in your paperwork that you and your spouse have already reached amicable terms for all the major outstanding issues in your divorce. The courts need only review the terms you set for splitting up your assets or for custody instead of setting those terms themselves.

Uncontested divorces typically go much more quickly through the courts, as you don’t have to provide testimony or wait for a judge to make any decisions. Additionally, uncontested divorces allow you to retain control over all of the individual terms, which can be particularly important if your family has unique circumstances to consider.

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