Comparing contested and uncontested divorces

On Behalf of | Feb 28, 2024 | DIVORCE - Divorce |

Divorce is a significant life event that can be emotionally and financially challenging. When it comes to the legal process of ending a marriage, there are two primary types of divorce: contested and uncontested.

Understanding the differences between these two approaches can help individuals make informed decisions about how to move forward with their divorce proceedings.

Contested divorce

The New Jersey Courts says that in a contested divorce, spouses are unable to reach an agreement on at least one key issue. For example, child custody, the division of assets, spousal support or any other relevant matter. As a result, couples must resolve the case through litigation in court, where a judge will make decisions on behalf of the parties.

Contested divorces tend to be more time-consuming, costly and adversarial compared to uncontested divorces.

Uncontested divorce

In contrast, an uncontested divorce occurs when both spouses are able to reach an agreement on all relevant issues without the need for court intervention. This type of divorce is typically faster, more cost-effective and less contentious compared to contested divorces. Uncontested divorces are often preferred by couples who are willing to collaborate and compromise to reach a mutually acceptable resolution.

The choice between contested and uncontested divorce depends on the specific circumstances of each case. Contested divorces may be necessary in situations where significant disagreements exist. People need to weigh the pros and cons of each approach and determine the best course of action for their unique situation. By considering the key characteristics and implications of each type of divorce, couples can make informed decisions that align with their needs, priorities and goals.