When you decide to get divorced, one of the first things your attorney will evaluate is whether your divorce will be uncontested or contested. The type of divorce you have can make a big difference in how long your divorce takes, how much it costs, and how decisions are made.
How long a divorce takes and how much it costs have little to do with how complicated the laws are. It really depends on whether you and your spouse can mutually agree on key issues.
Let me explain.
What is an Uncontested Divorce?
When both spouses agree to all the legal aspects of their divorce, such as property division, child custody (if the couple has children), and financial matters, the divorce is considered uncontested. There are many advantages to an uncontested divorce:
✓ Quick Results: Most uncontested divorces are completed in a few months, not years.
✓ Less Expensive: Fewer disagreements mean lower legal fees, making an uncontested divorce less expensive.
✓ More Control: In an uncontested divorce, both spouses have more control over the outcome of their divorce instead of leaving those decisions to the courts.
Ultimately, the uncontested divorce process usually results in a faster, less expensive way to get a divorce when both spouses are able to agree on property division, child custody, and support arrangements.
What is a Contested Divorce?
A contested divorce happens when spouses cannot agree on one or more of the key issues in the divorce. As a result, the court needs to get involved. Typically, a contested divorce comes with its own set of challenges:
✓ Lengthy Process: Depending on how complex the case is and the court’s schedule, a contested divorce can take years to finish.
✓ High Cost: More disputes and court involvement lead to higher legal fees.
✓ Lack of Control: Ultimately, a judge decides any unresolved issues, which may not be what either spouse hoped for.
The Reality
The majority of contested divorces ultimately settle. Working with an experienced family law attorney from the beginning of your divorce can help reduce conflict and allow you to reach an agreement more quickly.
How to Minimize Conflict and Move Forward
Create a Comprehensive List: List everything that needs to be decided in your divorce, such as how property and debts will be divided, how parenting time will be shared, and any child or spousal support.
Have Open and Honest Conversations: Discuss all of the important issues with your spouse, and try to reach agreements.
Explore Mediation: Mediation helps couples resolve disputes with the guidance of a neutral third-party mediator, allowing them to settle outside of court. Collaborative divorce can also offer families a cooperative way to work through disagreements.
Get an Attorney: By consulting with a family law attorney, you can understand the law, your rights, and what to expect before filing anything with the court.
Frequently Asked Questions
How long does an uncontested divorce take?
Typically, an uncontested divorce takes about 3 to 6 months after all the necessary paperwork is properly submitted to the court. However, the timeline can vary depending on how quickly the court processes the documents and whether the court requests additional documentation.
What is the average cost of an uncontested divorce?
Uncontested divorces typically will cost a lot less than contested divorces. At Thoughtful Lawyering, we offer transparent flat-fee pricing, so you’ll know exactly what to expect upfront. No surprise bills.
Do I need a lawyer for an uncontested divorce?
It is possible to represent yourself in an uncontested divorce proceeding, but hiring a divorce attorney helps ensure that all required forms are completed correctly, your rights are protected, and the process moves forward as smoothly and quickly as possible.
What do both spouses need to agree on for an uncontested divorce?
Before filing for an uncontested divorce with the court, both parties must agree on property division, debt allocation,spousal support, and, if applicable, child custody, parenting arrangements, and child support.
Moving Forward
Divorce should not be about winning or losing. It should be about creating a more stable and positive future for you and your family. The less adversarial the divorce process is, the easier it will be for everyone involved to move forward and thrive.
Wondering if an uncontested divorce is the right option for your situation? Contact Attorney Renee Turner to schedule a free consultation. She will provide clear, no-pressure guidance to help you understand your options.
About the author:
Renee E. Turner, Esq., is a divorce mediator, family law attorney, and the founder of Thoughtful Lawyering, PLLC. For over 13 years, Renee has helped families navigate all aspects of divorce, including custody and parenting disputes. She strives to assist her clients throughout their transition by providing them with clarity, compassion, and confidence.
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