Contested Vs. Uncontested Divorce: What Is The Difference?

Couples who want to end their marriage in Pennsylvania can do so by getting an uncontested or a contested divorce. Many people confuse these terms with no-fault and fault-based divorces, respectively, but these terms are vastly different from each other. Fault-based divorces are almost always contested, although they can also be uncontested. However, while it is more likely for an uncontested divorce to also be no-fault, that is not always the case. So, what are the differences between an uncontested and contested divorce? Below, our Media divorce lawyer explains further.

What is an Uncontested Divorce? 

An uncontested divorce is one in which both spouses are in agreement regarding all the terms of the divorce. These terms include child custody, child support, property division, and alimony, in some cases. Couples must meet the eligibility requirements to get an uncontested divorce, such as the residency requirement. However, when the terms of a divorce case are not contested by either party, the couple only has to wait 90 days until their divorce can be finalized, although it does sometimes take longer than that.

After a couple has met the eligibility requirements for an uncontested divorce, they can simply draft an agreement and submit it to the court for approval. The judge will approve the agreement if they deem it to be fair to both parties. Once the judge has approved the agreement, the divorce is final and the terms of the agreement are legally binding.

Uncontested divorces have many benefits over contested cases. They are usually much faster than contested cases, and they are generally more affordable. Still, it is important for anyone who is getting an uncontested divorce to speak to a Media divorce lawyer to make sure their rights remain protected.

What is a Contested Divorce? 

If a couple getting a divorce disagrees about just one term of the case, it becomes contested. A contested divorce does not necessarily mean it has to go through litigation, but the chances for this are greater. While contested divorces typically do take longer and are more expensive, there are times when it is not possible for a couple to get an uncontested divorce.

Some divorce cases involve complicated issues, such as domestic violence, high assets or net worth, and others. Individuals in these scenarios really need legal advice to help negotiate their disputes. Contested divorces are also far more likely to become contentious as well, and a lawyer can help ease the tension by negotiating on one’s behalf instead of the two parties trying to address these issues on their own.

Our Divorce Lawyer in Media Can Help with Contested and Uncontested Cases 

Regardless of what type of divorce you are seeking, it is important to work with a Media divorce lawyer. At Barbara Flum Stein & Associates, our experienced attorney will make sure your rights are fully protected to make sure you obtain the best outcome possible. Call us now at 610-565-6100 or contact us online to schedule a consultation and to learn more about how we can help.

Sources:

legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.035..HTM

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=23&div=0&chpt=33&sctn=1&subsctn=0