What’s Differentiates An Uncontested And Contested Divorce?

When couples choose to get a divorce, there are so many decisions involved in the process. Some of these issues could include assets, debts, alimony, custody, and many more. Sometimes, couples agree on these decisions, and sometimes, there’s a disagreement. This process usually determines whether your divorce is a contested divorce or not. Some divorces start as contested and then end up uncontested. The lawyers for divorce in MA cover both contested and uncontested divorces for clients. However, knowing how to distinguish both is vital, and we break it down below.

Uncontested Divorce

When you choose to file for an uncontested divorce, it simply means that you and your spouse agree on all divorce matters. It shows that you can work out all the issues that need working out before filing to the court. Once the problems are figured out, the two parties draw up a divorce agreement or separation agreement. Top lawyers like the lawyers for divorce in MA can also create the document. The couple completes the paperwork together and files a petition jointly for divorce. Both sides have to fill out their financial statement individually and also complete the parenting course. Once that is complete, the court will set a hearing date to determine if the divorce agreement is reasonable. Once the judge approves, it takes all of 90 days for the court to enter absolute judgment.

Positives

It gives the couple a chance to work out the best route for them.
It is always a cheaper option as it takes less them rather than fighting in court.
It usually helps to maintain the relationship between both spouses after the divorce. An uncontested divorce shows a cooperative relationship between both parties.
It helps the couple get a divorce much faster.

Negatives

A minor issue could pop up, leading to a contested divorce.
It is inappropriate when there’s a power imbalance
One party could drag out the process by refusing to sign the agreement
There is no temporary order to get when it is a contested divorce

Contested Divorce

For a contested divorce, one person starts the process instead of a joint petition. It usually requires a temporary order from the court that concerns how you will pay the expenses during the process. It occurs when both parties cannot agree on all parts concerning the divorce. The majority of contested divorce cases end up settling, especially with good lawyers like the lawyers for divorce in MA.

When you file for a contested divorce, you and your spouse have a six-month duration to agree and change to an uncontested divorce. Some contested divorces have to undergo a trial before the court finalizes the divorce. In such cases, you must get an attorney who’s a good negotiator and a great litigator like the lawyers for divorce in MA. It is usually clear to see if a divorce case will go through a trial or not. If not, the cases generally head on to trial. Most people who go the contested divorce route need a decision on alimony, bills payment, and plans.

Positives

There is the option of a temporary order so children can receive support, you can pay bills, and parenting time is covered.
It ensures both parties act accordingly throughout the divorce process.
If the other party is unreasonable, you could use it as a judicial point.
It is a great way to keep you and your kids safe.
It provides an excellent process for transparency on both parties’ sides.

Cons