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Contested Vs. Uncontested Divorce

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Choosing the correct approach to a divorce depends on your state, circumstances, and your budget for legal proceedings. There are different paths to the dissolution of a marriage, two of which are contested and uncontested. In this article, we will discuss the differences between the two and how you can choose the best option for your situation. Choosing the right approach could help divorce proceedings go smoothly. 

What Is A Contested Divorce?

Divorces become contested when spouses can not agree on fundamental issues. The legal journey of a contested divorce is the most complex option, because mediators or lawyers will need to help the couple come to an agreement on important issues. Court intervention will help to resolve the disputes so that both parties recieve what they are rightfully owed. Common issues that lead to contested divorce proceedings include division of assets, child custody, and property division.

What Is An Uncontested Divorce?

Uncontested divorce means that spouses can agree on the split or decisions of assets, child custody, and more. These divorces won’t need to go through a court system, but can often be discussed with either party’s respective lawyers in a calm manner. Smoother proceedings and fewer expenses are the potential draws for an uncontested divorce. Lower stress and emotional toll come from civilized divorce proceedings.

Differences Between Contested And Uncontested Divorce

Besides the obvious differences, there are key components that separate these divorce pathways. Let’s look at some key differences between the two types of divorce.

Time Frame

An uncontested divorce will be able to be finalized much faster than a contested divorce. Since the divorcing spouses will not have to go back and forth on important issues or spend time in court presenting evidence to a judge, the marriage can be dissolved within just a few months. Contested divorces can take a year or longer, depending on what is being disputed.

Cost

The longer a divorce goes on, the more money it will cost. Hiring a divorce lawyer, paying court fees, and other litigation fees can add up to thousands of dollars. Prolonged divorce will increase the hours your lawyer has to work and other resources that you will need to cover the cost of.

contested vs uncontested divorce

The collaboration of multiple lawyers, a judge, and even filing paperwork can impact how long or complicated your divorce will be. Contested divorces will need to give lawyers time to prepare for court, may require you to submit multiple testimonies or paperwork, and extend the process if more legal committees are needed. An uncontested divorce will only require a lawyer for each party. 

Which Divorce Type Is Simple?

With all the information above, uncontested divorce is going to be seen as simpler than any other divorce type. If you and your soon-to-be ex-spouse can discuss problems civilly and come to an agreement with the help of a single lawyer, the proceedings can be closed in a matter of months. If you want your divorce proceedings to resolve smoothly, it is important to keep a level head and hire a professional lawyer.

The Role Of An Attorney In Divorce

When it comes to divorce, attorneys will play a critical role in helping ensure that all legal rules are followed while also protecting their clients. Your legal representative will help you file for divorce, submit paperwork to the state, city, or courts, represent you in court, discuss divisions of assets, and much more. Having a lawyer who can clearly explain terms to you and has your best interests in mind will help you to get the best outcome. Hiring a professional lawyer helps reduce emotional turmoil in contested divorces.

Some qualities to look for in a divorce attorney include:

  • Communication
  • Organization
  • Time management
  • Focus on the future
  • Level headedness
  • Professional appearance

Kaufman, Nicholas, and Kaufman In Ogden, UT

Our lawyers at KNK are proud to serve the Ogden, UT, community with estate law, family law, child support cases, and civil litigation. Our legal team has been working in the industry for over 20 years, meaning that you will get the best outcome when working with us. KNK can help you have a smooth dissolution and get what you a rightfully owed in a divorce. No matter if you are just dissolving a marriage or need to sort out child custody, our lawyers are ready to help. Reach out to us to meet with our available lawyers and find the best fit for you. 

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