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Contested vs. Uncontested Divorce


There are two main types of divorce: contested and uncontested divorce. A contested divorce occurs when one or both spouses disagree on at least one of the terms (i.e. property division, child custody, child support, and alimony) of the divorce, while an uncontested divorce means couples agree on everything.

The following are several differences between the two types of divorce:

  • Time – The main difference is the amount of time each type of divorce takes to become final. Since a couple agrees on all issues in an uncontested divorce, the legal process is often relatively quick—taking only several weeks or a few months—since it doesn’t require litigation, discovery, and other court-related procedures. By contrast, a contested divorce may lead to a trial, which may take several months or even years to finalize because couples are subject to the court schedule.
  • Costs – Uncontested divorces are much less expensive compared to a contested divorce. Keep in mind, both spouses are still required to be represented by their own attorney, so the final cost depends on the complexity of the divorce. But since one or more issues are still contested, couples going through a contested divorce will spend more money due to the amount of time it takes to reach a resolution.
  • Outcome – In many uncontested divorces, the final agreement is typically a mutual one. On the other hand, when a contested divorce goes through court litigation, the judge will typically determine a winner and a loser.
  • Emotions – Since couples agree on all terms of their divorce agreement in an uncontested divorce, they are able to resolve their differences in an amicable and respectful manner. However, a contested divorce can be emotionally overwhelming since each spouse is trying to obtain a favorable settlement, while leaving the other with unfavorable terms.

If you are interested in filing for divorce in Norman, OK, contact the Law Offices of Keith J. Nedwick, P.C. today at (866) 590-8173 and schedule a meeting today.

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