Blog Post

What is the difference between a contested and uncontested divorce? 

Almy & Thomas • 16 January 2019
Couple not talking to each other

Whether you’re just in the first stages of considering divorce or are already ready to file your papers, you may have come across a few legal terms that you’re not familiar with and would like to understand. For instance, what does it mean when a divorce is uncontested, and how do the proceedings differ from a contested divorce?

An uncontested divorce is when there is no dispute from the other party when someone files divorce papers. A contested report can is when there is a defence from the other side.

Let’s take a closer look at how the process of these two types of divorces can be vastly different:

A contested divorce involves court proceedings

When a divorce is contested, it can require both spouses to attend court hearings along with their lawyers. This can be an intimidating part of the process for some, but your lawyer will be able to support and guide you through the proceedings.

An uncontested divorce can be a much quicker process

When there is no defence or dispute from the other side, the entire legal separation process can be much speedier. This is because both parties tend to be more collaborative and both want to work together to dissolve the marriage and move on.

A contested divorce tends to be much costlier

Due to the additional time investment required for the proceedings of a contested divorce, the legal fees can add up. This makes it a more expensive process for both parties. It is worth attempting to resolve matters out of court if there is no larger dispute about financial or custody arrangements.

A divorce lawyer can provide significant support and help move either process along

Whether a divorce is uncontested or not, a lawyer can help you navigate the process with much more ease. In an uncontested divorce, your lawyer will help you with filing the papers and coordinate any settlement discussions. In a contested divorce, they play an even more significant role and help negotiate your financial and custody arrangements, as well as any areas of dispute in court.

f you’re looking for some expert advice about divorce proceedings, get in touch with our team of experienced divorce lawyers by giving us a call on 01803 299131. We offer a free, no-obligation 30-minute initial consultation where you can discuss your legal concerns in complete confidentiality with a skilled local solicitor in Torquay.

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