No one enters into an engagement with the intention of preparing for a split in the future. This is why divorces can be a stressful affair, frequently bringing out the worst of people. Although the separation can be painful and challenging, the legal hurdles associated with divorce could make anyone tear their hair out.
Knowing the distinction between a divorce with a dispute as opposed to an undisputable divorce may make an essential distinction between a bitter breakup and a peaceful dissolution of marriage.
When a couple decides to end their marriage, they have two options available to them: an uncontested divorce or a contested divorce. Here, we will discuss the critical difference between both types.
Know The Main Difference
An uncontested divorce is the one in which the husband and wife can agree to the terms without needing a judge to make a decision. This generally happens when the couple has a relatively amicable split and can agree on property division, custody, and support.
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A contested divorce is the one where the husband and wife cannot agree about one or more issues. This generally happens when the couple has a more contentious split and cannot agree on property division, custody, and support.
In a contested divorce, the couple will have to go to court and let a judge decide on the terms. This can be a long and expensive process, and it’s often very emotional for both parties. This often leads to protracted legal battles, as each spouse tries to get the most favorable outcome possible.
Time Frame For An Uncontested & Contested Divorce
There is no definitive answer when it comes to the time frame for an uncontested divorce. What constitutes an uncontested divorce can vary from couple to couple, as can its time to complete the process.
Typically, an uncontested divorce in Las Vegas will take between four and six months, but this estimate can change depending on the circumstances of each case. For example, some states may require a more extended waiting period before the separation can be finalized, while others may require more court appearances or have stricter filing requirements.
In some instances, divorcing couples may be able to settle all outstanding issues relatively quickly, while others may require more time to come to a mutual agreement.
There is no set time frame for a contested divorce. Every case is unique, and the time it takes to resolve it will depend on the facts and circumstances of the case. Some divorces can be resolved in a matter of months, while others may take several years.
If the couple cannot agree on terms, the divorce will likely take longer and potentially go to trial. In general, the more complex the separation is, the longer it will take to finalize.
The time frame can vary depending on the couple’s circumstances and the extent of the disagreement. However, a contested divorce can take anywhere from six months to several years to resolve.
Stress Levels Of An Uncontested And Contested Divorce
The stress levels of an uncontested and contested divorce are different. An uncontested divorce is less stressful because the two parties have already agreed on the divorce terms. There is minimal fighting or bickering, and the process moves along quickly and smoothly.
A contested divorce is much more stressful. The two parties conflict and the process can drag on for months or even years. There is a lot of back-and-forth between the two sides, and the emotional stress can be overwhelming.
Why Is An Uncontested Divorce Better Than A Contested One?
1. Parties choose how they wish to manage their post-divorce lives
In a simple uncontested divorce, both parties agree on every aspect, whether the division of assets between the couple and the living and care of kids and the amount of the maintenance payments for the spouse and children.
Suppose the parties can reach an agreement and agree on a plan of action. In that case, they are more likely to stick to the arrangement once the agreement has been converted into an official court order since the agreement would have been compatible with the position of both parties.
In contrast, when a divorce is contested, the court will rule and issue an order on everything that isn’t reached an agreement. Although the court will consider both parties’ perspectives, it cannot be bound by the agreement. It can issue any order that it feels is appropriate according to the specific circumstances of the case as well as the current law.
This means that there could be a scenario where both parties are not satisfied with the court’s decision concerning their respective position. This could lead to not observing the court’s order and trigger new problems that both parties face.
2. Amicable Process
Contested divorce opens each spouse to legal action. Communication becomes problematic when the parties involved in the divorce see one another as adversaries. In the midst of an adversarial situation like divorce proceedings, people are almost always losing their tempers. It is common for things to be heated when both parties argue for their children’s custody or who will take the family home.
In contrast, the parties are more likely to keep their relationships in good standing with an uncontested divorce, mainly due to their ability to agree. This is crucial when children are involved, and the parties must co-parent after divorce.
3. Faster and a lot more affordable
An uncontested divorce is less expensive than a contested one. This is because the work involved for an uncontested divorce when the parties would have come to an understanding on all matters and would require only an attorney to assist with the preparation and filing of court documents. If all papers are in order, there is no need for the parties or the lawyer to court.
In contrast, the attorney could be involved in negotiations in contested divorces. Additionally, there will be more papers to draft regardless of whether your role is the complainant or the respondent.
This article looked at the difference between uncontested and contested divorces. It is essential to understand the differences between the two types before you start the process. Uncontested divorces are usually simpler and faster, while contested divorces can be expensive and drawn-out.