Contested Divorce vs. Uncontested Divorce: Legal Advice and Guidance
I’m attorney Palmer Johnson. Welcome to my video series, where I address some of the most frequently asked questions I get from family law clients. Remember, my responses to each question are not meant to serve as legal advice and are not a substitute for speaking to a licensed attorney about your specific situation.
Today’s question is, what is the difference between a contested divorce and an uncontested divorce? I’ll start with a contested divorce. By their general nature, legal proceedings are contested matters. In a contested divorce, the parties cannot agree on key issues and they have to rely on the legal process to solve and resolve the divorce, making decisions about child custody, property division, etc.
Advantages of Uncontested Divorces
An uncontested divorce does not necessarily mean the parties agree on every issue right at the onset, but it means that the parties are willing to collaborate and come to agreements, potentially through alternative dispute resolution methods like mediation. When both parties have a willingness to attempt to agree on all the issues in their case, then you could have an uncontested divorce, which has a few advantages, potentially, aside from being less expensive.
It can also allow you a much quicker process to assist you in moving on with your life. It allows you far more control over the outcome of the case. And at times, clients are a whole lot happier when they’re making the decisions about really important things to them, like child custody and how property is going to be separated when they’re able to actively participate in the process, come to reasonable agreements, and don’t have to go through the time, effort, and expense of having a trial.
When Contested Divorce is Inevitable
There are times when an uncontested divorce simply wouldn’t be an option. Many people may be in a situation where they have a spouse that simply would not agree to anything reasonable with them. They have virtually no ability to co-parent, or both parties are just convinced that there’s one outcome and they both want the same thing. And so, ultimately, you’re not going to be able to come to an agreement.
Contact Us for Legal Advice
If you need legal advice on this topic or help with a different family law matter, and you live in Northeastern Oklahoma, contact a family law lawyer in Tulsa at Moms.Law to schedule a low-cost personal consultation. Call us at 918-770-7117 to speak with an experienced Tulsa divorce attorney for mothers today.