Divorce Information

Reasons to Avoid Contested Divorce (If Possible)

When you decide to get divorced, it's only the first step of the process. It may be an emotionally trying time or a relief to both of you... but in nearly every scenario, there's a lot of work to be done. You and your former spouse will need to decide how everything is going to be divided between the two of you. This division of assets, property, child custody, and so on - as well as your ability to agree on things - determines whether the divorce is "contested" or "uncontested." These terms are common but often misunderstood. If you can agree on the issues of custody, asset division, and support, the divorce is uncontested. If these things will need to be determined by a judge, the divorce is contested. It's that simple! It's pretty obvious that an uncontested divorce is preferable - but why?

1. Time

Divorces take time. Even if you both see eye to eye on everything, you'll have to go through each and every item to divide. When you disagree, it takes even longer. The more you butt heads, the more difficult it becomes and the more time it takes. Working toward an uncontested divorce is the goal here. If you just can't get on the same page, however, the divorce will ultimately be contested. This means that after all of the discussions and debates, you still have to go to court. You'll rehash the same arguments, present your case, and wait for a judge's decision.This can be a grueling process, and the litigation process can take years in some cases. Most people just want to get the divorce behind them.

2. Money

More time spent going through your divorce also means more money spent on attorneys, court fees, and other indirect expenses related to your case. Regardless of whether the divorce is contested or uncontested, you absolutely should rely on legal counsel for expertise... But a contested divorce is that much more involved - and thereby, that much more expensive. It's going to cost money either way, but if you can't compromise or work through disagreements, the price tag of your divorce will only continue to grow.

3. Unfavorable Ruling

If your contested divorce goes to court, a judge is responsible for making a call about the thing you and your former spouse couldn't agree on. Unfortunately, this takes the decision out of your hands and puts it in the hands of a judge. This means there is a potential that the judge to rule in the other person's favor.So, if the decision is left to a judge, that one thing you weren't willing to budge on, could go to your former spouse entirely - instead of a more amicable compromise you could've come up with on your own.This goes for money, property, custody, and so on. When your divorce makes it to court, you're putting your future in the judge's hands - and it may not work out to your advantage.

4. Emotional Weight

Dissolving your marriage is an emotional time, and going the process can be stressful. The longer it drags on, the more expensive it is, the longer you and your former spouse have to meet to discuss these difficult topics, the more of an emotional toll the experience will take. In a contested divorce, the disagreements and lack of resolution add even more stress and conflict, which can affect work, sleep, health, and so much more. For all of these reasons, it's best to shoot for an uncontested divorce. It will take time to hash everything out. If you and your former spouse can remain civil, communicate effectively, and be willing to compromise, you won't have to drag yourselves through these issues.