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The Difference Between a Contested Divorce Lawyer and an Uncontested Divorce Lawyer

Dec 19

It is important to know the difference between an uncontested and contested divorce, especially if your spouse has children. A specialist uncontested divorce lawyer may be needed to help you navigate the complicated process if your situation is more complex. Generally, an uncontested divorce involves fewer court appearances, but you can still expect a lengthy trial. You will also need to consider if you and your spouse will be able to agree on child custody, property division, and alimony.

The main difference between a contested divorce and an uncontested divorce is the type of case. A contested divorce is one that involves legal action between the spouses. An uncontested divorce, on the other hand, is a settlement between the parties. This means that they don't have any legal battles over the divorce issues. Uncontested divorces will typically involve key issues such as child custody, child maintenance, and property division.

While an uncontested divorce is generally more straightforward than a fought one, it can still be quite complex. A negotiated divorce will likely take at least three months to complete. However, the timeline can vary. While some divorce cases can be resolved in six weeks, others may take up to a year. A reputable, experienced, and proven uncontested divorce lawyer is the best choice.

The type of litigation is what makes a contested or uncontested divorce different. Mediated divorce is uncontested and both parties agree to all terms. In contrast, a defended divorce is contentious and requires both parties to go to trial. These cases can be expensive, so it is important to speak with an experienced attorney. It can take many years to resolve a contested divorcement because of the length of a pending judicial proceeding.

Similarly, a contested divorce lawyer will be able to negotiate with a judge without having to litigate over the terms of your marriage. Both spouses must agree to the terms of a contested divorce. Uncontested divorce allows both spouses to decide all aspects of the divorce. The court will then grant the divorce. After the alimony, child custody, and property division, the judge will grant the divorce.

The cost is the main difference between an uncontested and contested divorce. A defended divorce will take more time than an uncontested one, and the resulting legal proceedings will be more stressful and expensive. A negotiated divorce will be less expensive than a partisan contested divorce. It is not uncommon for a litigant to hire a contested or an uncontested lawyer.

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