Contested vs. Uncontested Divorce in Oakland County: What’s the Difference?
If you’re thinking about getting divorced, you have probably come across a lot of legal terms. One of the first is the difference between a contested and uncontested divorce.
Does “contested” mean you’ll end up in a courtroom? Is an uncontested divorce always faster? What if you and your spouse agree on some things but not others?
Here is a look at contested vs. uncontested divorce in Oakland County. And what the difference means for you.
What Is an Uncontested Divorce?
An uncontested divorce means that you and your spouse are able to reach an agreement on the major issues involved in ending your marriage. This can include decisions about:
- How property and debts will be divided
- Child custody and parenting time
- Child support
- Spousal support
When both spouses are on the same page, the legal process is smoother. And in many cases, it is less time-consuming.
But that does not mean the divorce itself is easy. Even when both people agree it’s time to move on, ending a marriage is a major life change. You still have paperwork to complete, decisions to make, and emotions to work through.
What Is a Contested Divorce?
A contested divorce means there are disagreements about one or more issues. This could be a disagreement about who should keep the house, parenting time, child support, retirement accounts, or how assets should be divided.
And sometimes, this is not one big disagreement; it is a handful of smaller ones that add up.
When those issues cannot be resolved through discussion or negotiation, the court may need to step in and make the decision.
Does a Contested Divorce Have to Go to Trial?
That is not always the case. Many contested divorces never make it to trial. In many situations, the spouses disagree at the beginning of the case.
However, they will eventually reach an agreement through negotiations, mediation, or discussions between their attorneys.
Which One Is Faster?
In most scenarios, uncontested divorces move more quickly because there are fewer issues to resolve. On the other hand, contested divorces take longer because there are more decisions to make and, sometimes, more court involvement.
Keep in mind that every divorce is different. Your timeline depends on the issues involved, the court’s schedule, and how willing both parties are to work toward a resolution.
What If You Agree on Most Issues?
For many people, their divorce does not fit neatly into one category. Sometimes, you and your spouse may agree on how to divide your bank accounts but disagree about parenting time. You might have worked through almost everything except what should happen with the family home.
Many divorces involve a mix of agreement and disagreement.
Is an Uncontested Divorce the Better Option?
If you and your spouse are able to reach a fair agreement, then an uncontested divorce can save time, money, and emotional energy.
However, those agreements need to work for you.
If there are concerns about hidden assets, domestic violence, an imbalance of power in the relationship, or disagreements about your children or finances, agreeing to move the process along may not be the right choice.
Remember that protecting your future is just as important as finalizing the divorce.
You Don’t Have to Have It All Figured Out
There are plenty of differences between contested vs. uncontested divorce in Oakland County. Not all divorces are the same. Knowing the options available can help you and your spouse move forward with the process.
If you’re considering divorce in Oakland County, you want to speak with an experienced family law attorney. At the Law Office of Melissa M. Pearce, PLC, we are ready to answer your questions and help you find the right options for your situation. Reach out today to schedule a consultation.