What is the difference between uncontested divorce And contested divorce?
When you and your spouse reach an agreement at the start of your divorce, it’s called an “uncontested divorce”. An uncontested divorce means you and your spouse agree on the division of property and money, as well as on parenting responsibilities. An uncontested divorce essentially means that your spouse agrees with all of your requests and will not contest any of the requests in court.
The success of an uncontested divorce relies heavily on the truthfulness and accuracy of each spouse’s disclosures when it comes to division of property. For example, if you and your spouse own a home, and have property such as cars, bank accounts and retirement accounts, the success of an uncontested divorce is more likely because all of these properties and financial accounts can be verified.
A “contested divorce” is when you and your spouse disagree on one or more issues of the divorce. Your spouse will file a response to the petition that will list of all the issues in disagreement. After the response is filed, you or your spouse will need to schedule a hearing or trial date so a judge can resolve the disagreement.
The divorce is called contested because you do not agree with some or all of your spouse’s requests. If you and your spouse decide to agree on some issues, you can write up the details of your agreement and leave the disagreed upon issues for a judge to decide.
If you need help with your contested or uncontested divorce,contact Thorsteinson Law Group , your trusted and experienced Orange County divorce and family law attorney.