top of page
Search
  • Writer's picturejasminehemmingszo8

Facts Worth Noting About Contested And Uncontested Divorce Cases

Updated: Jul 23, 2018



If you file for divorce in California you can choose between having a contested case or an uncontested case depending on your circumstances. An uncontested divorce is whereby both parties agree on the major issues in the divorce like: child custody and support agreements, property distribution and spousal support. It is not all divorce cases that can fall under the purview of uncontested divorce cases. Complicated divorce cases may not meet the criteria to be uncontested divorce cases.


Indications for uncontested divorce cases


In order for a divorce case to be filed as an uncontested divorce case both parties need to agree on vital elements like: child support, property division and spousal support. Both contested and uncontested divorce cases need to be filed in court. An amazing fact to state is that uncontested divorce cases have straightforward documents that elucidate how issues like child custody, spousal support, property division as well as the grounds for divorce are noted. A ruling is made in favour of the terms of the unconsented divorce cases is made when the other spouse consents to the agreement or fails to appear in court. The conditions of the case change when the other spouse disagrees and files in the required documents.


Benefits of the uncontested divorce


Uncontested divorce cases are less cost-intensive compared to contested divorce cases. Having a divorce lawyer is a good idea but the fees associated with the court and the attorney are significantly lower because all the relevant papers have been filed. An uncontested divorce case allows couples to have their divorce granted faster compared to a contested divorce case. This means fewer proceedings and less legal wrangles.


Any kind of divorce comes with some conflict but this conflict is reduced when the parting spouses offer as fewer opportunities as cannot be avoided. In an uncontested case scenario there are very few requests for information and a limited number of court proceedings thus episodes of conflict are reduced.


This means that information that was once in the private domain (like information on finances) becomes exposed to the public. The good thing is that in an uncontested divorce there is limited private information available thus there is less damage that happens when the information becomes public knowledge.


Advantages of a contested divorce


Sometimes couples are not able to agree on important things like: spousal support, child custody and property arrangements thus the case can only be filed as a contested divorce. The trade-off for simplicity or reduced costs associated with uncontested divorce cases will come at the expense of being able to reach a satisfactory decision on issues like child custody, spousal support arrangements or intricate property distributions.


Whether you file your case as contested or as uncontested you still need a good divorce advice lawyer.

7 views0 comments
bottom of page