How does uncontested divorce differ from traditional divorce?

On Behalf of | Jan 31, 2025 | Divorce |

As you contemplate filing for divorce, you might picture a courtroom battle with lawyers arguing and a judge making decisions about your life. However, ending a marriage does not always require a fight. In fact, many couples opt for a more amicable approach with minimal court involvement.

This path, known as an uncontested divorce, offers a less stressful and more cooperative process. If you and your spouse can agree on significant issues, this approach might be the right choice for you.

Level of conflict

In traditional divorces, disagreements often lead to heated courtroom battles. You might find yourself arguing over every detail through lawyers. Uncontested divorces, on the other hand, rely on cooperation. If you and your spouse can communicate effectively, you can work together to reach agreements outside of court.

Cost

Litigated divorces can be expensive, with costs escalating as lawyers negotiate each point of contention. You might face hefty attorney fees, court costs and expenses for expert witnesses. In contrast, uncontested divorces typically cost less. While you may still need legal advice, you will likely spend less time in court and rack up fewer billable hours with attorneys.

Control

Couples who opt for uncontested divorces have a much greater opportunity to shape agreements on important matters, such as asset division and child custody. This stands in contrast to a traditional divorce, where a judge makes the final decision about the case. Although legal advice is often valuable, this approach gives you greater influence over your life after your marriage ends.

Length of time

Contested divorces can drag on for months or even years, especially if there are multiple issues to resolve through the court system. Each disagreement can lead to more time in court. Uncontested divorces, on the other hand, often move more quickly. If you and your spouse agree on major issues, you can potentially finalize your divorce in a matter of months, allowing you both to move forward sooner.

Finding the right path for you

Choosing between a traditional and uncontested divorce depends on your unique situation. If you and your spouse are prepared to work cooperatively and end your marriage amicably, an uncontested divorce might just work for you. However, in cases of significant conflict or complex assets, a traditional divorce may be necessary. Consider your unique situation and priorities to determine which approach is best for you and move forward with confidence and clarity.

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