Contested vs. Uncontested

In the first stages of divorce it can be easy to see how the divorce will progress: couples have seen the uncoupling happening and are prepared to work together to end things as smoothly as possible, or the anger is almost palpable between the two and the fight is on. These cases can be predicted to an extent and a seasoned attorney can see the contested divorce case and the uncontested as soon as they arrive in his or her office. Sometimes, however, what can start as what seems to be an amicable divorce can grow into a feud. What's the difference between the two and how does it affect my case?

A contested divorce can take a year or more to work through in court because a couple cannot agree on issues like alimony or child support. In this scenario, a court determines how the issues are settled. This is one reason why mediation is popular. If issues can be mediated, then time and money on both sides can be saved and an uncontested divorce can take place.

When couples work through issues and agree on asset division, child support, alimony, etc., they are privy to an uncontested divorce. Yes, they are still ending their marriage, but they have come to an agreement on everything. No spouse is proving anything against another, although serious situations could have been the impetus for divorce. Many uncontested divorces can be resolved in just a few months, allowing each party to begin rebuilding their lives sooner.

Every case has it's own needs and nuances. Sometimes a divorce begins amicably enough and later develops some pretty big twist and turns. If you have questions about beginning the process, come talk with us and we'll get you on the right path to rebuilding your life. Call or email us today at Kevin Hickey Law Partners: 479.434.2414.