Understanding Contested Versus Uncontested Divorce Filings

While no divorce is without disagreements, the level of friction between divorcing spouses can greatly vary. These divorce arguments can range from cordial conversations about visitation time to combative disputes over marital property. The law categorizes divorce filings as either contested or uncontested. But what exactly are the differences between contested and uncontested divorce filings?

What Qualifies As A Contested Divorce?

A contested divorce means that the divorcing spouses could not agree on their issues and must now have a judge make a final decision. Because of the opposing nature of these filings, they may take longer than an uncontested divorce and the courts can make the final decision if the parties do not agree on a settlement.

In a contested divorce, the family court can decide the outcome of many matters, including:

Because of the challenging nature of these cases, people with a contested divorce need skilled representation. A proven divorce lawyer can tell you what to expect from your contested divorce proceedings and fight for your interests in negotiations and in the courtroom.

How Do Uncontested Divorces Differ From Contested Filings?

Uncontested divorce filings occur when both spouses can come to an agreement on everything involved in their divorce. Uncontested filings do not require a court to divide their assets or make a determination about child custody. The family court must still approve the final uncontested divorce agreement.

Both parties in an uncontested divorce should still have a knowledgeable divorce attorney who can manage the legal process. Uncontested divorce filings are relatively quicker and generally cost less in fees than a contested divorce. Divorcing spouses should consider if an uncontested divorce filing is right for their situation because the final agreement can be hard to change. Do not sacrifice your rights for legal expediency.

Our Law Firm Can Give You More Information About Your Divorce

At the Law Offices of Linda J. Claypool, we represent clients with both contested and uncontested divorce filings. People throughout Riverside County can get information about California divorces in a free consultation.

Set up your free consultation by calling 951-787-8700 or by sending us a message.