Contested Vs. Uncontested Divorce: What’s The Difference?

Ask any great divorce attorney about the questions they are most asked in their profession. Most of them will say that they are often approached by clients who wonder how exactly contested, and uncontested divorce proceedings are different from each other.

The primary differences between a contested and uncontested divorce proceeding will ultimately boil down to the following factors

•       The time taken to conclude the process
•       The cost involved in the process
•       Who gets to make important decisions regarding very personal matters
•       How willing both parties are to communicate and corporate with each other.

As home to the top divorce lawyers in Grand Rapids, MI, we thought of taking the task of answering this question ourselves with this in-depth article. Without much further ado, let’s dive into each of these distinct concepts separately to understand what sets them apart.

Let’s first start with a contested divorce.

What is a Contested Divorce?

A contested divorce takes shape when the involved parties are not able to agree upon certain or all aspects of the divorce proceeding. In such circumstances, the divorce is ultimately set for a trial. It is then up to the presiding judge to make all the final decisions.

As our Grand Rapids lawyers will tell you, most married parties disagree on the following arrangements:

•       Child custody
•       Visitation rights
•       Alimony
•       Property division
•       Use of family residence.

The Process of Contested Divorce

1.     The party who wants to initiate the divorce process will have to file the petition first
2.     The divorce papers will then have to be served to the spouse
3.     The Spouse may then file an answer to your petition.
4.     The case will then be set for a hearing and will then go to trial
5.     The actual trial on the contested issue will eventually take place.

What is an Uncontested Divorce?

What distinguishes an uncontested divorce proceeding from a contested one is quite significant while also being very simple to understand. As a firm harboring some of the best divorce lawyers in Grand Rapids, MI, we can confidently claim that uncontested divorce proceedings paint a desirable scenario for spouses going through the process. Such proceedings occur when both parties agree on all the issues brought to the table.

The parties will come to a mutual understanding on issues like child custody, visitation rights, asset division, and a plethora of other issues beforehand.

The ensuing process ends up being shorter as well, comprising of only the following steps:

•       Drafting the divorce documents
•       The document is reviewed by the spouse
•       File the agreement document
•       The judge will review the document and sign the proposed decree.
•       The divorce is finalized

Uncontested and Contested Divorce: The Difference

With the information at hand, it is quite clear that uncontested divorce proceedings are far more favorable than contested ones. Uncontested divorce proceedings entail:

•       A shorter process
•       Costs less
•       A stress-free and less complex process
•       Spouses end relationships on amicable terms.

A contested divorce proceeding, on the other hand, can be overwhelmingly stressful, both emotionally and financially. Such proceedings demand legal representation from only the best divorce attorney in Michigan. This is where The Law Offices of Sean Patrick Cox come in.

We are your answer to the question ‘top divorce lawyer near me’. Call us now to learn more.