Did you know that the current divorce rate in the US is 2.3 persons per 1,000 people? That means that about 40-50% of married couples will eventually go through a divorce.
With this high rate, it’s important to understand the different options available for divorcing couples. Two common ways to get divorced are uncontested and contested divorce.
In this article, we will discuss the pros and cons of uncontested vs contested divorce. This will help you determine which may be the best option for you. Read on to learn more.
The Process
One of the main differences between uncontested and contested divorce cases is the process by which they are resolved. In an uncontested divorce, both parties agree on all aspects of their divorce. This includes division of assets, custody arrangements, and child support.
On the other hand, a contested divorce means that the couple cannot come to an agreement on one or more of these issues. This often leads to a trial where a judge will make the final decision.
Time and Cost
A contested divorce is more time-consuming and expensive compared to an uncontested one. In an uncontested divorce, both parties can save time and money by avoiding lengthy court battles.
In some cases, hiring divorce lawyers may still be necessary. This is to ensure all legal requirements are met. However, it will still be significantly cheaper and faster compared to a contested divorce.
Level of Control
One advantage of an uncontested divorce is that both parties have more control over the outcome. They are able to come to an agreement on their own terms. There is less risk of having a decision made by a judge that is not in the best interest of one or both parties.
In a contested divorce, the decision-making power lies with the judge. This can lead to an outcome that may not be satisfactory for either party.
Emotions and Relationships
It’s no secret that going through a divorce can be emotionally challenging. In an uncontested divorce, the level of emotional stress and conflict is often lower as both parties are in agreement and working towards a common goal. This can also help preserve the relationship between the divorcing couple, especially if they have children together.
On the other hand, a contested divorce can be emotionally draining and can lead to damaged relationships. The adversarial nature of this process often creates animosity and resentment between both parties.
Confidentiality and Privacy
In an uncontested divorce, the couple can maintain a higher level of privacy as the proceedings are usually not made public. This means that sensitive information such as financial details and reasons for the divorce remain confidential.
In a contested divorce, the case is typically open to the public and could potentially draw unwanted attention. This can be especially difficult for high-profile couples or individuals who value their privacy.
Uncontested vs Contested Divorce: Weighing the Pros and Cons
Uncontested vs contested divorce has its pros and cons. It’s important for couples to carefully consider their options and choose the path that best fits their individual situation.
Seeking guidance from a trusted legal professional can also help ensure a smooth and fair divorce process. Divorce is never easy, but choosing the right approach can be a more manageable and amicable process for all parties involved.
Explore our other articles to continue learning about a variety of topics that may be relevant to your situation.
