Going through a divorce can be very painful for both the parties, especially if there are children involved. Nevertheless, at times it seems the only solution that works best for both sides. First, let us try to understand the meaning between the two types of divorces—Contested and Uncontested.

Just like the name implies “Contested Divorce” means that you contest against something. In the case of divorce, it is contested when the areas of disagreement could include custody of the children, equitable and fair division of the marital assets, alimony, child support, paying for the children’s education, health insurance, etc. You need a lawyer in this case. The judge normally gives a trial period to both the parties where the couples live separately (legal separation). If the issues are resolved between the parties themselves, then they can request the court to hear the case as that of an Uncontested Divorce.

An “Uncontested Divorce” is basically a divorce just the opposite of the Contested Divorce. In the Uncontested Divorce, both the parties agree to the terms of the divorce and negotiate things between themselves, without the proceedings of the court. Your lawyer would simply have to talk to both sides and prepare the court documents for the divorce proceedings. The negotiation carries on until both the parties are in agreement.

Uncontested Divorce is not uncommon these days, especially when people learn that you can mutually agree to the terms to dissolve a marriage. It is more beneficial and the best option for those couples who have no children, have little property, and have little or no debts. It gives both the parties the freedom to discuss the issues, saving them time, money and a lot of heartache rather than going through the court proceedings. Anyone can file for a divorce, without the help of an attorney, although it is wisest to hire a divorce lawyer to guide and help you through the court proceedings.

An Uncontested Divorce is much cheaper than the Contested Divorce because you do not have to go to the court if you can negotiate the divorce terms and conditions before contacting a lawyer. The cost is minimal besides saving a lot of time and hassle as well. If both sides can separate having an amiable relationship, it is best. This will ensure that mutual respect is maintained, especially if there are children involved. Also, both the parties do not have to go to court where everything is public, nor do they have to answer to friends and families, as all issues are resolved privately.


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