Contested Divorce and An Uncontested Divorce

Contested Divorce and An Uncontested Divorce

From Ben Allen

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Divorce is a complicated decision. Not only the decision of finally separating from each other cause stress, but many more decisions follow right after divorce. These decisions can include child responsibilities, physical child custody, property distribution, and spousal support. If there is a mutual agreement between the partners, the divorce is uncontested. But the problem arises when one spouse doesn’t agree to the divorce terms. This is called a contested divorce. If you are facing difficulty in your divorce process, make sure you don't forget to hire a Connecticut Divorce Lawyer.

Steps in an uncontested divorce

An uncontested divorce is one when both the partners agree on common grounds of divorce. This process is much easier. The partners do not have to consult the court for any decision. They can make the divorce settlement themselves and submit it to the court, provided that the court signs and approves it.

Steps in a contested divorce

A contested divorce is a complicated one. In a contested divorce, either of the spouses doesn’t agree to the divorce settlements. In such a case, the divorce case becomes a difficult one. In a contested case, there are many legal processes that take place. Some processes include, 

  • Filing petition to the court stating the settlements of divorce and the disagreements. The other spouse is then called to respond to the petition. 

  • Gather evidence to support your petition. The court will look into every document to see if your petition is valid. 

  • The court then does negotiations between both partners. If the negotiation or mediation works, the divorce paper is signed. 

  • If the negotiations don’t work, there will be court trials, where both the partners will have to present their evidence, and represent themselves to put forward their petition.

  • The court will have the final say on the divorce settlements. If a spouse disagrees with the court’s decision, they may also appeal for a re-trial. 

Differences between legal procedures for a contested and uncontested divorce

  • A contested divorce takes a much longer time to complete, while an uncontested divorce can be done in a short time.

  • Contested divorce has many legal procedures and can be costly. While, an uncontested divorce needs very little or no cost to complete.

  • The judge makes the final decision in a contested divorce, while the partners in an uncontested divorce make all mutual agreements.

To sum up, an uncontested divorce is easy, and the partners don’t need to undergo any legal procedures. Whereas a contested divorce can be complicated. All in all, having a divorce lawyer by your side can ease up the process for you.

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