What Is The Difference Between Contested And Uncontested Divorce?
When one spouse files for divorce, the other spouse has the right to contest something that was requested in the petition for divorce. When spouses disagree significantly on aspects of child custody, child support, spousal support or property division and take these issues to court, the divorce is contested.
In an uncontested divorce, although the spouses may disagree over various aspects of the dissolution of the marriage, they are still able to resolve their differences without going to trial. Some discussion and work might be necessary though.
Dissolving a marriage can be a difficult process, no matter which route you take. The two basic types of divorce are contested and uncontested. A St. Louis divorce lawyer at Rogers Sevastianos & Bante LLP can help you choose the best route to divorce, protect your rights and guide you through the process.
What Are The Advantages Of An Uncontested Divorce?
Clearly, it is better for divorcing spouses and their children when the parties agree on the basic issues of divorce. Uncontested divorces have several other important advantages:
- An uncontested divorce is faster and less costly than a contested divorce.
- It is less acrimonious and stressful for family members.
- Decisions regarding the future of the family are, to a degree, made by the parties rather than the court.
- Uncontested divorce affords couples more privacy. Private negotiations between spouses do not become a matter of public record.
When Is Contested Divorce A Better Option?
Contested divorce may be the better option in some cases despite the advantages of uncontested divorce. This is often the case in complicated divorces involving significant assets or a prenuptial agreement that one spouse wants to enforce while the other spouse claims it is invalid. When abuse has been a problem, or the spouses are not speaking to each other, contested divorce may be the only workable choice.
Why Do You Need A Lawyer For An Uncontested Or Contested Divorce?
Uncontested divorces can lead to problems when couples opt to do it themselves instead of consulting with an experienced St. Louis family law attorney. You may think you have resolved all your issues only to discover that you have not dealt with everything that must be included in the divorce settlement agreement.
The same issues must be addressed in an uncontested as in a contested divorce – child custody, support and property division. People dealing with divorce are often impeded by:
- Lack of knowledge about their rights
- Lack of information about their spouse’s behavior
Even if your divorce is uncontested, it is crucial to have an experienced divorce lawyer review your agreement with your spouse to protect your rights and ensure that all issues have been addressed. Your settlement agreement must be approved by a judge before it becomes part of your divorce decree.
At Rogers Sevastianos & Bante LLP, we see the attorney-client relationship as a partnership to move through domestic litigation effectively and help minimize costs. Our goal is to resolve cases sensibly and fairly, to help you move on in life after a divorce. Contact our firm online for a free consultation about your case, or call us at (314) 354-8484 to set up an appointment.