How do contested and uncontested divorces differ?

When going to lawyers specializing in family law to seek advice regarding a divorce, one of the first matters to be dealt with will be the way it is going to be processed: by mutual agreement of the spouses, or through litigation when one of the parties unilaterally files a petition that the other spouse will have to respond to. What are the practical differences between these two types of divorce?

In uncontested divorces, the regulatory agreement is key. Both parties must jointly establish the conditions that will govern the dissolution of their marriage, and if there are children, how care and responsibility for them will be handled from now on. Meanwhile, the contested divorce process begins with a petition the other party must respond to, that they oppose the measures requested and will comply with the judge’s verdict.

The first practical aspect to keep in mind is the amount of time a divorce takes to be resolved. Currently, an uncontested divorce tends to be resolved more quickly than a contested divorce. Depending on the court’s caseload, time limits generally range from three to six months. On the other hand, the difficulties involved in a contested divorce generally make the process last a year, with the possibility of it being extended considerably depending on any complications that arise, especially when it comes to marriages involving minor children, which is quite common.

Accordingly, we shouldn’t lose sight of the psychological impact that may be caused by the prolonged confrontational situations involved in a contested divorce and the various psychosocial tests and reports this path entails.

We should also remember that it isn’t an irrevocable decision when we start the process by choosing one of these two paths: if circumstances between the spouses change, it’s possible to switch from one type of divorce to the other. That is, a divorce that starts out as contested can later be converted into an uncontested divorce. Therefore, it is never too late to reach an agreement that allows us to leave behind the difficulties involved in a contested divorce.

For detailed information on the scenarios that unfold when starting the divorce process, turning to a specialized firm like ICN LEGAL is the option that will allow you to have optimal legal support.

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