Uncontested Or Contested Divorce: Which One Should You Opt For?

Divorce leads to the rise of complex issues such as the division of assets, spousal maintenance, and child custody and support. Every couple has different problems and reasons for the divorce. You may decide to talk to an attorney to understand which divorce would be best after considering multiple factors. 

A Divorce lawyer in Houston can assess your situation and determine which type of divorce is right for you and your future. 

  • What are contested and uncontested divorces?

When you agree entirely with your spouse regarding all major divorce-related issues, you can proceed with the state-determined procedure and have an uncontested divorce. However, if you and your spouse have a dispute that you cannot resolve about one or more of the divorce issues, a contested divorce can help you reach a fair solution. 

  • What is the procedure? 

A contested divorce has a more complicated procedure than an uncontested divorce. It requires filing and serving a divorce petition, discovery, negotiations, court hearings, and trial, among other legal complexities. The legal procedure is simplified in an uncontested divorce and does not involve such steps to finalize the divorce. 

  • Cost. 

Since a contested divorce consists of several legal procedures, it is also more expensive. Your attorney is more involved in the process, and their assistance is needed at every stage to ensure a successful outcome, resulting in increased legal fees. An uncontested divorce is relatively cheaper and enables you to save your money. If you are concerned about the costs and do not have the resources to spend money on the litigation process, an uncontested divorce may be right for you.

  • How long does it take?

Owing to its complex nature, the process in contested divorces is elaborate and can take up to years to be finalized. The uncontested divorce process does not take as long. After the correct paperwork is filed according to your state’s requirements, a mandatory wait period is issued, and the divorce is completed. An uncontested divorce enables you to save time. 

  • What is the outcome? 

Contested divorces are more emotionally distressing. The disputes in court increase feelings of resentment and anger between the spouses, especially if the verdict is not in their favor. In uncontested divorces, the spouses are in mutual agreement about the issues by cooperating and compromising. It allows them to maintain peace even after their separation. 

Each divorce has its own advantages and disadvantages. Your lawyer analyses your needs and helps you through every step of the legal procedure in the chosen type of divorce to ensure a favorable outcome. 

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