Contested Vs. Uncontested Divorce: Which is the Best Option for You?

Going through a divorce isn’t easy no matter what the circumstances are. There are two primary methods of divorce that you may choose to go through — contested and uncontested. Depending on the nature of your divorce, one option may be better over the other. Our Roseville divorce lawyers explain the differences below and how to decide whether you should pursue a contested or uncontested divorce below.

The Contested Divorce Process

If your spouse filed for divorce and you don’t agree with what he or she is asking to receive, you have the option of contesting the divorce. You may disagree with everything that your spouse has said, but if you only disagree with a portion, you can limit yourself to contesting the portion with which you disagree.

In the event that you only disagree with a portion, you may want to leave the issues on which you agree alone. Then, you can leave the contested issues for the judge to decide.

Your only option in this instance is not to leave the decision up to the judge. You and your spouse can also agree to have mediation to resolve issues on which you disagree. This will be a much more affordable option than taking the entire case to court.

If you and your spouse cannot resolve your issues, you are going to have to set a date to go to trial. The court may require that you attend a settlement conference before your trial starts.

The Uncontested Divorce Process

An uncontested divorce is when you do not respond to your spouse’s divorce petition. The court will consider this a “default” or “uncontested” case. If you reach an agreement with your spouse after you respond to his or her divorce petition, your case will also be uncontested.

You must be aware that when you choose the default option, this means that you are giving up your rights to make any decisions in your case. Therefore, if there is anything at all that you disagree with in the petition, you must not allow it to become a default case. If it does, it is very likely that the court will grant your spouse everything that he or she asked for in the divorce petition.

In most cases, people do not like to leave the decisions concerning the future up to other people, so if you believe that this applies to you, you may not want to allow your divorce to be completely uncontested. If you file a response, you will remain involved in the entire decision-making process.

If you would like to pursue an uncontested divorce, you may file a response that will allow you to work out an agreement with your spouse, but you will need to make sure that you file the response within 30 days of receiving your spouse’s divorce petition.

The uncontested option will allow you to come to an agreement with your spouse on the following issues:

• The division of assets and liabilities

• The possibility of spousal support

• Child custody, support, and visitation

Our Team is Here for You

Filling out your response can be an intimidating process in an uncontested divorce, but you don’t have to do this on your own. At Creative Family Solutions, Cianci Law, PC, we will help you file your response and fill out your court forms. It is very important that you have your own attorney in this matter because the way in which you write your response may affect the outcome of your case.

If you have any questions about the divorce process, call our Roseville divorce lawyers today at (916) 797-1575 to discuss your options with our skilled legal team.