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How an uncontested divorce is different than a contested divorce

An uncontested divorce differs from a contested divorce because neither spouse is contesting the divorce. This has important practical implications for the divorcing couple’s divorce process that they should understand and be familiar with.

During an uncontested divorce, the divorcing couple generally agrees to the divorce and the divorce settlement agreement. This means that the divorcing couple agrees to the main divorce-related issues that need to be resolved. There are a couple of categories of divorce-related issues that couples need to resolve during divorce including financial issues, such as spousal support and child support, and the division of property which also has important financial implications. If the divorcing couple can agree to these concerns, and both agree to the divorce, an uncontested divorce may be a good option for them.

An uncontested divorce option can be favorable for some divorcing couples because it can be less time-consuming, costly and acrimonious than a contested divorce during which the divorcing couple may be litigating their divorce-related concerns. When one spouse does not agree to the divorce, or couples cannot agree on divorce-related issues, their divorce is contested and the contested divorce process is the only option for them.

An uncontested divorce can not only save time, money and bad feelings but can also be a more private process which can be beneficial to divorcing couples and their children. It is important to keep in mind that the family law process serves as a resource to give divorcing couples different options to address their divorce-related concerns based on their unique situation and circumstances.

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