Contested v. uncontested divorce: which do you need?
Navigating the divorce world can be extremely intimidating. The first step is determining which direction your divorce will take - will it be contested or uncontested? Not sure what that means? Let’s break it down!
An uncontested divorce, essentially, means that both [all] parties agree on everything. What “everything” means depends on your individual case. It could be as simple as dividing household property, or as complicated as allocating property, bank acc0unts, debts, and determining all child related matters. The larger the marital estate, the less likely parties will reach an agreement. This is particularly true when children are involved.
A contested divorce is the exact opposite - it means that parties do not agree on all issues. However, that does not mean that parties disagree on all issues either! It’s very possible some things are agreed upon and just a few have to be determined. It is also possible that absolutely nothing is agreed upon. Of course, the less agreements, the more complicated the case.
A uncontested divorce also does not necessarily mean a quicker divorce than a contested divorce. Many factors way in, including the parties’ proximity to each other, whether or not attorneys are involved, and general cooperation on both sides. At RCL we have seen attorneys work together to resolve a contested divorce in a matter of weeks, and an uncontested divorce last close to a year because one party would not commit to signing documents and the other did not want to push.
When you speak to an attorney, you do not have to know which way your divorce will lean! It’s very possible you won’t know until you’ve had a chance to talk to you spouse. At the end of the day, though an attorney can tell you what may happen from their experience, only you know your marriage and the involved factors. And guess what? If you are wrong, no big deal! That is why it is beneficial to have an experienced attorney by your side. It is our job to advise you and move at your pace.
Reczek Chase handles a wide range of family law issues and can assist in resolving these issues before they become adversarial. If you’d like to discuss how your business may be impacted by a divorce, you can set up a time to chat with our attorneys by following this link, or call us at (502)653 7455.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.