Uncontested vs. Contested Divorce: What Are the Major Pros and Cons?
When couples decide to end their marriage, they have two options, uncontested or contested divorce. A licensed divorce attorney from Pyfrom & Reisler, PA, can help navigate the process. Understanding the pros and cons of both will help couples make an informed decision about which is best for them.
Understand the Difference Between Uncontested vs. Contested Divorce
When choosing between a contested and uncontested divorce, it’s important to understand what each term means.
In an uncontested divorce, both spouses agree on all issues related to the dissolution of their marriage, such as the division of assets, spousal support, and child custody arrangements. This arrangement is typically faster and less expensive than a contested divorce.
In contrast, a contested divorce occurs when one spouse does not agree with the other spouse’s requests for legal relief. When this type of disagreement exists between spouses, divorce lawyers can work with them to negotiate a settlement that meets both parties’ needs.
When no resolution can be reached through negotiation or mediation between the two spouses, the court may need to make decisions. They decide based on information presented by each side’s lawyer or other expert witnesses.
Regardless of the type of dissolution procedure an individual chooses, hiring experienced divorce lawyers is critical to ensure rights are protected. Here are some significant pros and cons that couples should consider when deciding if they want an uncontested or contested divorce:
Pros of Uncontested Divorce
- Faster process: An uncontested dissolution requires minimal court visits since the spouses have already agreed upon the details of their marital separation beforehand.
- Lower Cost: Unlike a contested divorce, an uncontested dissolution often costs much less because there is little need for legal assistance since most issues have already been decided upon by mutual agreement between spouses beforehand.
- Less Stressful: By avoiding litigation in an uncontested case, couples can keep stress levels low and look towards starting anew after their marriage ends amicably.
Cons of Uncontested Divorce
- Spouses Interest Cannot Be Protected: An individual who agrees to terms without representation forfeits any chance they may have had at obtaining terms more favorable than what was offered during negotiations or mediation sessions.
Pros of Contested Divorce
- Better Protection Of Rights: Although more costly due to the litigation involved, people may be better served in some cases by having skilled attorneys representing them in court proceedings where richer financial settlements may be obtained than if no counsel were present.
- More Flexibility In Agreements: During court proceedings, one party has many opportunities to argue why certain terms should take precedence over others while still upholding fairness as defined by state laws.
Cons Of Contested Divorce
- Lengthier process Contested divorces usually require longer before finality since courts are often backlogged.
- Higher Cost With attorneys deliberating in court for extended lengths of time, fees accrue quickly, making this option much more costly than an uncontested version.
Couples facing marital problems should discuss all possible options with a licensed divorce attorney before deciding how they desire the marriage dissolved. When speaking with experienced professionals, each person must consider all applicable facts before making a final determination either way, thus ending things amicably instead of leaving matters unsettled.
For those wishing to gain further information about navigating through a contact Pyfrom & Reisler, PA about Pyfrom & Reisler, PA about divorce mediation in Delray Beach.