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Contested vs. Uncontested Divorce


Nobody wants to get a divorce, but sometimes it’s the only option. Both parties have tried, but the marriage cannot be saved.

In some cases, both spouses agree to divorce. They may even come to an agreement on all the key elements, such as child custody, asset and debt division and alimony.  In most cases, though, the spouses argue over most or all details. Typically, only one party wants the divorce. In fact, women are known to initiate almost 70% of divorces.

This is the main difference between a contested and uncontested divorce. An uncontested divorce means there are no issues. Both parties agree on everything. A contested divorce, however, is when there is some degree of disagreement, whether the parties are arguing over one, two or all issues.

Most couples want an uncontested divorce, especially if there are children involved. This makes things easier for all involved. However, sometimes things don’t work out that way.  Issues often crop up as the divorce progresses.  A seemingly minor issue can turn into a major blowup.

The thing is that you never know how your divorce will turn out. An uncontested divorce can turn into a contested one, and vice versa. You never know how the other spouse will react. They may be surprisingly amicable or they may be extremely angry.

In any case, it’s worth the effort to try to make the process as amicably as possible. If you and your spouse can agree on most or all the issues in your divorce, it will make things much smoother. You can opt for mediation, which can be done with or without a lawyer. A third party can help you and your spouse negotiate and come to agreement on important matters in your divorce. You’ll avoid going to court, which makes the process cheaper and less time-consuming.

You both have to be willing to put in the work to make a divorce uncontested, though. If one person is doing all the work, it’s going to lead to resentment and unresolved issues. With an uncontested divorce, you cannot be badmouthing the other spouse or looking to seek revenge. You must have a positive mindset.

Sometimes contesting the divorce is necessary, though. If your spouse mentally or physically abused you, then they will likely want to gain control over you. Don’t let this happen. You don’t have to agree with everything he or she wants. You have rights, too, so make sure you get a favorable outcome. This may require going to court, but it will be well worth it.

Seek Legal Help

While an uncontested divorce is often the preferred type of divorce, sometimes it’s better to fight for your rights and contest parts of the divorce. Sometimes the type of divorce changes along the way, and that’s OK.

Fort Lauderdale divorce attorney Edward J. Jennings, P.A. can represent you and help you get a fair outcome. He can help you with post-divorce matters as well. Get started with a consultation. Call 954-764-4330 or fill out the online form.





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