19 Sep Differences in Complex / Contested vs. Uncontested Divorce
Divorce and arguments are two things that always seem to go hand in hand. It can’t be easy to suddenly decide to no longer be married and easily split all the marital assets. That’s why most divorces are contested.
A contested divorce means that both parties disagree about certain aspects of the divorce. In some cases, one party doesn’t want to get divorced and will contest the other party’s filing.
On the other end of the spectrum are uncontested divorces, which means both parties decide to divorce and want to split assets and debts amicably, without any courtroom drama. Read on to learn more about these two types of divorce.
As the name implies, a contested divorce is disputed. Both parties might disagree over one or more issues. This leads to costly delays. A contested divorce must go through more steps than an uncontested divorce. This includes preparing and serving documents, hiring an attorney, engaging in discovery, attending pre-trial motions, negotiating with attorneys, having settlement discussions and possibly going to trial.
If a trial is needed, both spouses can bring witnesses. Lawyers will cross-examine the opposing parties and end with closing statements. The judge will make final decisions and finalize the divorce. As you can see, the process can become quite complex and stressful, to say the least.
Uncontested divorces, on the other hand, are not complex at all. Both parties agree on all aspects of property division and alimony. If children are involved, both parties agree on child custody and support issues.
Parties in an uncontested divorce may hire a lawyer but may finalize the divorce without one. Since both parties agree on everything, they will not need to go back and forth with negotiations. Additionally, no court trial is required, since everything would be settled outside of court. This makes finalizing the divorce quicker and easier.
Learn More About Divorce With New Jersey Attorney Jeffrey M. Bloom
While some divorces are amicable, most divorces are contested. A contested divorce can make things extremely complicated, so it’s important to have a lawyer on your side to help you through the process. West New York divorce attorney Jeffrey M. Bloom can represent you in your time of need. Call The Law Offices of Jeffrey M. Bloom for a consultation at (855) 208-3650.