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Understanding the Difference Between Uncontested and Contested Divorce


While making the decision to divorce is never a simple one, it is often easier when both spouses are on the same page. Disputes and conflict are minimized when each party is working together towards the same outcome. Unfortunately, this isn't the case for every divorcing couple. Sometimes the court has to get involved and things drag on for months and even years. The camp you fall into determines whether your divorce is uncontested or contested.

A contested divorce means that spouses are unable to reach favorable decisions together and must go to court to work through their issues. When a divorce is uncontested, going to trial is unnecessary because each issue is resolved together by the couple.

What is at stake in a divorce?

Regardless of the condition of your divorce, there are key factors that every separating couple has to resolve. These include property division, alimony, and child custody and support. An inability to agree on these issues is the sign of a contested divorce.

Judges and lawyers often err on the side of favoring uncontested divorces, as they are usually faster and less complicated. In today's world, there are numerous alternatives to divorce court which can simplify the entire process. Divorce mediation, collaborative divorce, and arbitration are some of the most popular ways for couples to keep the terms of the divorce in their own hands and avoid giving a judge control.

Sometimes, however, as much as you'd like to minimize conflict, it is simply not possible. Going to court is by no means a bad choice and some couples greatly benefit from doing so. At the end of the day, you have to choose the best option for you. At Hutchinson Law, we pride ourselves on offering client-centered representation throughout every phase of a divorce. We would be honored to help you pursue a favorable resolution no matter what circumstances are involved.

Get in touch with us for dedicated legal counsel and support from our Jacksonville divorce attorneys.