Oakland, CA – Comparing Contested vs. Uncontested Divorces from a Family Lawyer

How did your divorce begin?

Were the words uttered quietly at the kitchen table after you and your partner agreed there was no love or growth left to look forward to as a couple? Or did you throw dinner plates across the room, screaming, shouting, and waking up every neighbor within a five-mile radius?

There is no “right” or “wrong” way to initiate a divorce, per se, and no two divorces play out identically. However, couples should know the differences between a contested and uncontested divorce as they begin working toward the sometimes lengthy and often emotionally trying process of getting a divorce.

What’s the difference?

Many decisions must be made once a divorce is underway. The couple must make determinations regarding Child Custody, Division of Assets and Debt, Alimony, and other matters. In some cases, the couple will not agree on all of these important matters. Sometimes the parties are not in agreement about wanting a divorce at all.

A divorce in which the two involved parties cannot agree on one or more of the major issues is known as a “contested divorce.” An “uncontested divorce,” on the other hand, is a divorce in which both parties agree on all major issues.

Many times, a divorce may begin as contested and, as the couple works matters out in mediation, it becomes uncontested over time. Contested divorces that do not become uncontested over time leave the final say to the judge regarding who will be awarded what once the divorce is finalized.

What to expect in each scenario?

If you have reached a place where the divorce is considered uncontested, you could expect it to be processed relatively quickly. Since the couple has reached an agreement, all it will take are some essential documents and signatures and you’re home free.

A contested divorce, on the other hand, will take considerably more time. It generally requires trials, discovery, and other legal procedures to arrive at the eventual conclusion. As a result, contested divorces wind up being more costly.

In addition, in an uncontested divorce the parties will retain the final say in who gets what and what terms the two individuals will abide by after the divorce is finalized. In the case of a contested divorce, that decision belongs to a judge and the state law. If either party disagrees with the ruling, he/she will be forced to appeal, thus spending even more time entangled in legal processes.

Regardless of whether your divorce is contested or uncontested, there are certain time frames during which a divorce may be finalized. Just completing the paperwork does not guarantee that your divorce is over. You must follow the process.

Bagner Law, PC Will Help!

Are you struggling to find common ground with your future former spouse?

Don’t drive yourself mad going it alone. Contact the offices of Vonnah Bagner now to get the help you need to reach the best outcome in your divorce.

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If you have family woes, and you don’t know what to do, Vonnah Bagner is the attorney for you!