What is a Simple Divorce?
A simple divorce, also known as an uncontested divorce, occurs when both spouses agree on all the major issues related to ending their marriage. The couple can work together to reach agreements without needing extensive legal battles.
The main advantage of a simple divorce is that it's usually faster, less expensive, and less stressful than a contested divorce. When couples can communicate effectively, they can often resolve their differences amicably. See page to learn more about the simple divorce process and whether it's suitable for your circumstances.
What is a Contested Divorce?
A contested divorce happens when spouses can't agree on one or more important issues related to ending their marriage. These disagreements can be about anything from property division and alimony to child custody and support. When couples can't see eye to eye on these matters, they often need to go through a more complex legal process.
In a contested divorce, each spouse hires their own lawyer to represent their interests. The attorneys then work to negotiate on behalf of their clients. If negotiations fail, the case may go to trial, where a judge will make decisions on the unresolved matters.
Key Differences between Simple and Contested Divorces
Now that we've covered the basics of each type, let's look at some of the main differences between simple and contested divorces:
Agreement Level: The most significant difference is the level of agreement between the spouses. In a simple divorce, couples agree on everything, while in a contested divorce, there are unresolved issues.
Time Frame: Simple divorces are usually quicker, often taking just a few months to finalize. Contested divorces can drag on for much longer, sometimes even years.
Control over Outcomes: In a simple divorce, the couple has more control over the final agreement. In a contested divorce, a judge may end up making important decisions if the couple can't agree.
Privacy: Simple divorces usually involve less public disclosure of personal information. Contested divorces, especially those that go to trial, can become part of the public record.
Which Type of Divorce is Right for You?
Deciding between a simple and contested divorce depends on your specific situation. If you and your spouse can communicate well and agree on most issues, a simple divorce might be the best option. It's faster, less expensive, and often less stressful.
However, if there are disagreements, a contested divorce might be necessary. While it's more challenging, it can help ensure that your rights and interests are protected. Every divorce is unique, and what works for one couple might not work for another. It's always a good idea to consult with a legal professional who can help you understand your options.
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