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Contested Divorce vs Uncontested Divorce

There are two types of divorces and these are known as contested and uncontested.

A contested divorce is one in which the parties cannot agree on the terms of the divorce and these include the division of assets, allocation of debts, child custody or the divorce itself. Either spouse disagrees on most of the issues pertaining to the divorce.

A contested divorce is usually much more drawn out than an uncontested divorce; the duration of the proceedings will depend on if and when the case settles. If settlement is not reached prior to trial, a judge will make a final order on the issues in dispute and grant a divorce. The divorce order normally becomes final 31 days after being granted.

An uncontested divorce occurs when a couple has come to an agreement on all issues relevant to their marriage and its dissolution. Ancillary matters such as child custody and the division of assets are expected to be resolved as well. Uncontested matrimonial proceedings can take place in both chambers and open court hearings. An uncontested divorce is much easier as it consists of both spouses agreeing on all issues and thus requires both of them to use a single lawyer, which saves money, to draw up a Consent Court Order.

When it becomes a little challenging to decide certain finalizations or come to agreements regarding a lot of issues in a contested divorce, it is best to hire a divorce lawyer or family lawyer to help you come to term with your settlements.

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