Difference Between Contested & Uncontested Divorce

There are two types of divorce, contested and uncontested.

Contested Divorce

A contested divorce is when the two parties cannot arrive at an agreement on one or more issues and must be brought to court to adjudicate the dispute.  Many divorces today are considered contested due to the fact that there are so many different issues that must be resolved during the course of a divorce. Some of these issues include:

  • child custody
  • child support
  • property division
  • asset distribution
  • debt allocation
  • alimony
  • temporary spousal support

These topics can be very sensitive and often spouses are unable to come to an agreement without the assistance of an experienced and skilled attorney.

Uncontested Divorce

An uncontested divorce is when the two parties are able to come to an agreement on all issues required to conclusively and effectively terminate their marriage.  They do not need the court to intervene on the division of assets or to make a determination about spousal support or child custody.  However, even with an uncontested divorce you need an experienced and skilled attorney to assist with the drafting of a formal Divorce Agreement.  After both parties sign the Divorce Agreement the attorney will then file with the court and assist the parties in getting the divorce Judgement.

This does not necessarily mean that the divorce was amicable.  Instead, it means that all disputed items raised between the couple were settled without court intervention.  If possible, uncontested divorces are often preferred by couples because of the speed, simplicity, convenience, privacy, and cost effectiveness.  You will benefit from having an experienced and skilled divorce attorney on your side even with an uncontested divorce.

To find out more regarding both uncontested and contested divorce contact the skilled and experienced divorce attorneys at Maclachlan & Allen LLP located in Salem, MA.

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