A vast majority of divorces fall into two different categories: contested
and uncontested. A contested divorce is the more traditional type of
divorce in which each spouse retains separate representation and the terms of
a couple’s divorce are determined through litigation. This type
of divorce occurs when spouses are unable to come to an agreement regarding
the terms of their separation on their own, and is usually sparked by
hot-button issues such as
child custody, high net-worth asset division, and spousal support. Contested divorces
frequently turn into long, drawn-out ordeals that can last for several
months if not years.
On the flipside, an
uncontested divorce involves both spouses coming together to negotiate the terms of their
separation without the need for courtroom involvement. The term “uncontested”
does not mean that spouses do not have disagreements, this simply means
that these disputes do not need to be resolved through trial. Spouses
who choose to pursue an uncontested separation can experience numerous
benefits, including a much speedier separation, lessened tensions, considerable
savings on legal costs, and a greater chance of having a harmonious relationship
after the divorce is completed. Uncontested divorces require spouses to
demonstrate a great deal of patience with each other, as well as a genuine
willingness to work towards a mutually acceptable solution.
Which Is Right For My Situation?
If you are considering filing for divorce or if you are approaching divorce
negotiations, you are likely wondering which type of divorce is right
for your situation. The answer is it depends. While all couples should
make an attempt to complete an uncontested divorce due to its undeniable
benefits, the truth is that an uncontested separation may not be possible
in all situations. Divorces that are based on fault, particularly those
involving infidelity, can make it extremely difficult for couples to see
eye to eye on their issues.
This is not to say that contested divorces are a worst-case scenario. One
of the major advantages of a contested divorce is that parties may file
motions for discovery, thereby compelling your spouse to disclose any
and all financial assets that they otherwise might have gone undiscovered.
Whatever the case, it is vital you consult with a knowledgeable divorce
attorney to determine which method best suits your circumstances.
At Worsham Law Firm, our compassionate Springfield, Missouri divorce lawyers
have more than 20 years of legal experience and can ensure your rights
are protected during your separation.
To find out more about how we can help, call (417) 658-4172 or review your
legal options during a