If you’re considering the possibility of filing for divorce with a Baton Rouge family law lawyer and want to understand the difference between a contested divorce and an uncontested divorce, then this article should help to clarify the differences between the two.
Understanding the differences between the two types of divorce before speaking with an attorney who focuses on these matters will arm you with knowledge and prepare you for your consultation.
Let’s face it, divorce is not pretty regardless of which type it is, but often times, it’s inevitable. People grow apart and sometimes things just happen.
Contested Divorce vs Uncontested Divorce: What is the difference?
There are many differences between an uncontested divorce and a contested divorce. Both proceeding types are often emotional experiences for the couples involved, but one type is more peaceful when compared to the other. The difference between the two ultimately lies in the “communication” between the two parties involved -- the couple.
Uncontested Divorce = A Peaceful Resolution
Ending a marriage is not easy, especially when there are many emotions involved, many years involved, and/or there are children involved, but an uncontested divorce provides a more peaceful resolution to the ending of a marriage. A peaceful resolution is particularly important when children are involved.
During an uncontested divorce, both parties agree that the marriage is over and also agree to end their marriage on peaceful terms. The divorce proceedings are easier to resolve because both parties are in agreement with everything. This type of divorce proceeding is typically resolved outside of the courtroom.
Contested Divorce = Trial
A peaceful resolution is the ideal solution to the ending of a marriage. However, many times this is just not possible for one reason or another. Emotions run high during a divorce and things can get complicated. When things get complicated and emotional, couples tend to disagree.
They may disagree on everything, which leads to an actual courtroom divorce trial. Each party will enter the court room armed with their own attorney who will fight for each of their rights, and the judge will then ultimately resolve all of the unresolved issues at hand.