by Flora Garcia-Sepulveda

Divorce Mediation, Family LawOctober 15, 20190 comments 0 Likes

What’s the difference between Uncontested vs. Contested Divorce?

Let’s learn the difference between Uncontested vs. Contested Divorce. Every year, the state of California sees around 250,000[i] couples tie the knot. While some live happily ever after, in wedded bliss, this is not the case for some forty percent of those couples. 

With divorce statistics so high – no true partnership should start without full awareness of the facts. There is a chance your marriage won’t make it, and for all those other times, there is WGS Law.

Divorce Costs More than Money

Divorce costs time, money, and has been likened in terms of emotional distress to that of a death or a house move. It is a significant upheaval of your life that changes everything you know. When you are in the throes of a divorce, the last thing you want is to have messy complications, hard-to-understand court documents, and other stressful additions to your life. What you need is clear cut guidance, a sympathetic ear, and someone who understands everything there is to know about getting divorced in California. Arriving at this article is a good start. You have decided whether to file for contested or uncontested divorce – but what exactly is the difference? Let’s take a closer look.

Contested Divorce

While most people seem to believe that contested divorce means that one party doesn’t want the relationship to end – this is not the case at all. A contested divorce occurs when the parties involved cannot decide on the issues the end of the relationship raises. If they cannot agree over custody matters, financial retributions, or allocation of assets, then the lawyers will suggest a contested divorce. You should avoid this type of divorce if it is at all possible. It is lengthy, sometimes taking several years to complete, and involves court dates, hearings, various documents, and a very circular back-and-forth between lawyers until someone gives in or a judge intervenes.

Uncontested Divorce

When you want to get divorced in California, and both parties agree it is mutually beneficial to do so, then an uncontested divorce is better. An uncontested divorce can typically be through the system from six months onwards, making it much faster than a contested situation. The shorter process also means you will pay less in legal fees.

The problem with an amicable divorce is that it simply isn’t possible for so many couples. If you and your spouse were getting on well, you probably wouldn’t be breaking up. [ii]When you have an uncontested divorce, you may not even need to go to court. If you can do it, this is the preferred option. If not? There is no shame in being unable to reach an agreement with an ex-partner.[iii]

Deciding Which Is Right for You

It should be a relatively clear-cut decision on your behalf as to which course of action applies best to your situation. What we can promise is that we will be here to help and support you through every step of the process. No matter how long it takes, and no matter how you chose to proceed, WGS Law can be there to fight in your corner. Just say the word.

References:

1. [i] The Wedding Report
2. [ii] https://www.maplesfamilylaw.com/divorce/contested-divorce-california/
3. [iii] CA Divorce