How do you know if your divorce is contested or uncontested? Below, we break down the difference.
Contested vs. Uncontested Divorce
An uncontested divorce involves spouses who are able to negotiate a divorce agreement without going to court. These situations are ideal, as they typically cost less and resolve more quickly than contested divorces. When spouses can work through the entire process in an amicable manner, they might choose divorce mediation to divide their assets and address custody and support matters.
On the other hand, a contested divorce involves spouses who cannot agree about the terms. Sometimes, they do not even agree that they need a divorce in the first place. In those situations, spouses get the court’s help to resolve their matter.
You may need to pursue a litigated divorce if any of the following is true:
- You and your spouse are not communicating.
- There is a history of intimidation, bullying, or abuse in your relationship.
- Your spouse is missing.
- Your spouse is acting dishonestly or in bad faith.
- Other factors make it too difficult to reach an agreement outside of court.
Litigated divorce is combative by nature. As a result, this approach involves extra steps to reach a resolution.
- Fault divorce based on one of six grounds
- Mutual consent divorce
- No-fault divorce after one year of separation
- No-fault divorce after one spouse’s institutionalization for a mental disorder
Which approach is best for your divorce depends on your individual situation. An experienced divorce lawyer can help you determine how to proceed.
Getting Dependable Legal Help
If you are considering divorce, it is critical to speak with a divorce attorney who will explain your options and guide you through the process. Contact Petrelli Previtera Schimmel, LLC at (215) 523-6900 to schedule a consultation to discuss your rights.