Contested vs. Uncontested Divorce

By John Anthony Ward on July 07, 2019


Signing divorce papersMarriages don’t always go as planned. Sometimes people who cared for one another simply cannot make things work anymore. That’s when couples should consider filing for divorce. Not all divorces will be difficult legal scrambles, however. There are contested and uncontested divorces, and they differ in important ways.

Today, Kenosha, WI family law attorney John Anthony Ward would like to compare and contrast contested and uncontested divorces. We’ll start with uncontested divorces, which ought to make the differences clear immediately.

What Is an Uncontested Divorce?

An uncontested divorce are divorces in which both spouses agree to end the marriage. The spouses also have no disagreements about the major disputes that would arise in a divorce. This includes total agreement about:

  • Division of assets
  • Division of debts
  • Division of property
  • Child custody
  • Child visitation
  • Child support
  • Spousal support

The Advantages of an Uncontested Divorce

There are many advantages to uncontested divorces. These benefits include:

  • Less Stress Over the Divorce - With uncontested divorces, there is far less stress over proceedings since there are no arguments or major disputes that drag on.
  • Streamlined Divorce Process - With no legal back and forth and waiting for courts to make final decisions, both spouses can fill out the necessary paperwork, gather their documents as needed, and finalize their divorce as soon as possible.
  • Saves Money on Divorce Proceedings - Less time arguing with your spouse’s lawyer means less money spent to hire a lawyer of your own and retain their services.
  • Protects the Well-Being of Children - Your children won’t need to witness their parents angry at one another, nor will gossip and bickering taint your relationship with your children when they are in your former spouse’s custody.
  • Allows Spouses to Remain Friendly - If you still value your former spouse but simply cannot make the marriage work, an amicable uncontested divorce can keep your relationship intact.

Why a Lawyer May Still Be Necessary in an Uncontested Divorce

Even though uncontested divorces are generally free from disputes, working with a family law attorney in the Kenosha area is a good idea. Your divorce lawyer can help with paperwork and ensuring that everything is done by the book and in a timely manner.

What Is a Contested Divorce?

A contested divorce is a divorce in which the spouses cannot come to agreements on the important issues that we have noted above. These kinds of divorces tend to be battles rather than amicable splits.

Why a You May Consider a Contested Divorce

While uncontested divorces have their advantages, sometimes a contested the divorce is the right option. This is particularly true of battles over child custody and visitation. If your former spouse was abusive to you or your children, it’s important to protect yourself and your kids from your former spouse. That spouse should not be entitled to visitation or joint custody because of the danger they pose.

Similar issues may arise over spouses attempting to force their former spouse to take on debt that they accumulated, or disputes over who gets to keep a car or a home. In such cases, your lawyer will fight for you every step of the way.

Learn More About Divorce Laws

If you live in the greater Kenosha area and need assistance with legal matters surrounding the end of a marriage, be sure to contact a skilled divorce and family law attorney. John Anthony Ward can be reached by phone at (262) 654-8868.

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