What should I know about a contested divorce?

couple divorce

When a married couple decides to dissolve their union, they may be able to stay on amicable terms, which allows them to reach an agreement on all the major martial issues that will apply to the termination of their marriage. However, other couples may struggle to resolve their disputed issues. In such cases, couples will have to undergo what is known as a contested divorce, as they will need to rely on the court to determine the outcome of their marital issues, such as custody, support, and property division. If you’re facing a divorce, please don’t hesitate to contact our experienced Bristol County Contested Divorce Lawyers, who can help you fight for the best possible outcome for your situation.

What is a contested divorce?

Although the court often suggests exploring alternative dispute resolution methods to settle marital issues and come to an agreement on the condition of divorce, it also acknowledges that this approach is not always feasible if the couple cannot cooperate and work together. When there are one or more significant matters that a couple cannot agree on outside of the courtroom, it is considered a contested divorce. In such cases, the court must decide for the couple. It’s imperative to note that a divorce can transition from contested to uncontested if the parties can resolve their disputed issues. However, this is rarely the case.

Moreover, a couple can disagree about whether they should get divorced. In such cases, the judge will not require a couple to stay unhappily married if one of the spouses no longer wants to be in the marriage. Spouses can cite “fault or “no-fault” grounds when they file for a divorce. If they cite “no-fault” grounds, the divorce process will begin, and marital issues can be contested during litigation. Divorces are normally referred to as “1B” if the grounds are not contested, but there is no agreement on the marital issues. Generally, these divorces are more expensive and time-consuming than other divorce routes.

What is the difference between a contested and uncontested divorce?

In an uncontested divorce, both parties agree on all the significant issues that will apply to the termination of their marriage. On the other hand, in a contested divorce, the parties cannot agree on the critical matters at hand, resulting in the court determining the outcome of their divorce settlement agreement. The primary difference between a contested and uncontested divorce is the legal process’s cost and duration. A contested divorce is usually more costly because it takes more time and extensive resources to resolve disagreements between parties. Couples can avoid litigation and the associated legal costs with an uncontested divorce.

If you’re considering dissolving your marriage, contact a dedicated lawyer from The Law Offices of Cynthia L. Hanley, P.C., who can help you determine the best divorce route for your needs. Our firm is prepared to represent your interests today.