Divorce Isn't Just Divorce: Contested vs. Uncontested Divorce

There are two kinds of divorces - contested and uncontested. A contested divorce is one in which the parties cannot agree, either about getting divorced or about the terms of the divorce, such as the division of assets, allocation of debts, alimony, child support, or the custody of children.

In an uncontested divorce, the spouses agree on everything and don't need the court to divide assets or make determinations about spousal or child support or custody. Generally, if you are seeking an uncontested divorce, it will proceed through the system more quickly, be much less complicated, and less of a financial burden for both parties.

Trust Our Divorce Lawyer to Help You Sort Out Your Divorce Proceedings

Couples will often begin the process of a contested divorce and then, before the actual trial, reach agreement on the terms of the divorce. This is called a settlement. One of the biggest advantages of a settlement is that neither spouse will appeal it, because both agree to it and are presumably happy with it. Both parties can be assured of finality and an end to litigation. If you reach a settlement with your spouse, it is essential to have the agreement memorialized in such a way that it makes the settlement legally binding and enforceable.

Most judges and lawyers prefer to settle out of court in an uncontested fashion. If you and your spouse can't come to some type of agreement on your own, typically your divorce lawyers will help you reach one eventually.

It has become more and more popular for spouses to "do their own divorce", eliminating the legal costs involved with hiring lawyers. Spouses that are successful doing their own divorce are almost always in agreement, making it an uncontested divorce. This is something you may want to consider before hiring lawyers if you and your spouse agree.

It is not recommended that either spouse attempt to represent him or herself in a contested divorce. The quote, "he who represents himself in court, has a fool for a client" 100% applies in divorce proceedings because of the complexities of a contested divorce.

Our Divorce Team Serves the Stamford, Hartford & Danbury, CT Areas

If you and your spouse are considering divorce – or at least you are, don't try to tackle the task yourself; call on the legal team at the Law Offices of Rashmi N. Patel to get you a favorable outcome!