The path a divorcing couple takes can drastically shape the emotional and financial impact of the process. The key difference lies in whether the separation is amicable or contentious.
In simple terms, an amicable divorce means a couple agrees on all major issues. On the other hand, a turbulent separation involves disagreement that must be resolved through negotiation or litigation. Understanding the distinction can help divorcing couples prepare for the road ahead.
What is an uncontested divorce?
An amicable separation occurs when both spouses are on the same page about all elements of the separation. Because there’s no dispute, the process tends to be:
- Faster
- Less expensive
- Far less stressful
When a couple is pursuing an uncontested divorce, one spouse files a divorce petition with the court, and the other spouse agrees to the terms. They then work together to resolve all relevant issues. Once they reach an agreement, the agreement is documented in a settlement agreement and submitted along with the divorce petition.
What is a contested divorce?
A turbulent divorce happens when a couple is at loggerheads concerning one or more major issues. Contentious divorce cases can drag on for months to resolve and often involve:
- Multiple court hearings
- Extensive legal fees
- Emotional toll from drawn-out conflict
In a contested case, each party presents what they would prefer the divorce settlement to look like. If settlement negotiations fail, the divorce case has to proceed to trial. A judge will then hear evidence and testimony before making a final decision.
When spouses are at odds with each other, one spouse files a divorce petition, which the other spouse responds to. To defend their arguments, both gather evidence, such as:
- Financial records
- Text messages
- Witness statements
The court may require the parties to try resolving their disputes out of court. However, if no resolution is reached, a judge will decide the outcome after a formal court hearing.
While both uncontested and contested divorces end with a legal dissolution of marriage, the journeys couldn’t be more different. Divorcing couples should think carefully before deciding which route they want to go. With appropriate legal guidance, they can choose an approach that best works for their unique circumstances.