How Do I Know if I Have an Uncontested or Contested Divorce?

Not every divorce is the same, so whatever secondhand stories you may have heard of someone else’s experience may not apply to you at all. One of the first things you should understand about your divorce is whether it is contested or uncontested since this will greatly influence how you will proceed.

Contested Versus Uncontested

A divorce is uncontested when both spouses agree to all the terms of their divorce. Therefore, if you and your spouse are on the same page regarding child custody and visitation, spousal support, asset, and debt division, and child support, you will have an uncontested divorce. On the other hand, if you disagree on even one key issue, you will have a contested divorce.

A contested divorce is generally more difficult to navigate. That said, you do not necessarily have to go through litigation just because you cannot see eye-to-eye on certain matters. If you both wish to stay out of court, you can resolve these issues through another approach, such as mediation or a collaborative divorce.

If you are unsure if your divorce is contested or uncontested, there are some questions you can ask yourself:

  • Are you and your spouse in agreement regarding who gets to keep the home?
  • Have you and your spouse planned out how your retirement accounts and bank accounts will be divided?
  • If you have children with your spouse, are you in agreement regarding their primary residence?
  • Are you and your spouse in agreement regarding how much child support and spousal support should be paid?

If you answered yes to all of these questions, you will likely have an uncontested divorce. If you answered no to one or more of these questions, you may have a contested divorce.

No matter what kind of divorce you have, it is essential to hire an experienced attorney. Just because you and your spouse agree to the terms of your divorce does not mean you will not need a legal advocate on your side. The last thing you want is to make the mistake of agreeing to something that ultimately does not serve your best interests.

Speak to an Experienced Divorce Attorney About Your Case Today!

At Morales Law, our family law team is committed to guiding clients through the divorce process. Whether your divorce is contested or uncontested, you can feel confident in our ability to help you navigate each step and obtain the best possible results.

Reach out to our law office today at (805) 422-7966 to schedule a consultation with one of our attorneys.