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October 15, 2024

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On behalf of The Powell Law Firm

| Divorce

What is the Difference Between a Contested and an Uncontested Divorce?

If you are considering divorce, there are two main types to be aware of: contested and uncontested. If you were to choose one, an uncontested divorce would be the better option. This type is often cheaper and quicker.

However, the choice is not always up to you. An uncontested divorce needs to be a mutual decision, but a contested one does not. If a person does not agree on just one aspect of the divorce, it becomes contested. Read on to learn more about contested and uncontested divorces.

Contested Divorce

A contested divorce is when the spouses disagree on one or more issues. When this happens, the case typically must go to court so that a judge can make decisions. However, mediation can be helpful in some cases.

A contested divorce can include disagreements about spousal support, marital debt, property division, child custody, or child support. Even in a no-fault divorce, it can still be contested if the spouses disagree over certain elements.

Contested divorces are more common than uncontested ones. They are also longer, more complex, and more expensive due to attorney fees, court costs, and the extended legal process. A contested divorce may take a year or longer to resolve.

However, sometimes a contested divorce is necessary. An example would be if you or your spouse have reasonable disagreements. You should never overlook important issues in an effort to simply get your divorce over with.

Uncontested Divorce

In an uncontested divorce, both spouses agree on all the key issues related to their separation, such as property division, child custody, child support, and spousal support. Since there’s no dispute, the couple may submit their agreed-upon terms to the court for approval. The process is often simpler. The couple simply must file the necessary paperwork and then present an agreement to a judge for review and approval.

Uncontested divorces are ideal if both parties are willing to cooperate and communicate effectively, making the process smoother and less financially draining. They do not require extensive legal battles, court appearances, or mediation. Because of this, they are generally faster and less expensive. It is not uncommon for an uncontested divorce to be settled in just a few months.

An uncontested divorce can be a good choice if:

  • You and your spouse agree on the terms of your separation.
  • You know all your spouse’s assets.
  • You can agree on how to divide assets, child support, and alimony.
  • You want to minimize the cost of the divorce.
  • You want to end things amicably.

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Divorces can be contested or uncontested. An uncontested divorce is your best bet, but it’s not always possible.

At The Powell Law Firm, our Texas family law attorneys understand the difficulties of divorce. We focus on negotiating fair, long-lasting resolutions that help clients move forward with as little stress as possible. Call us at 832-850-6095 to schedule a consultation.

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