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Contested vs. Uncontested Divorce

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When you decide to file for divorce, there are two main ways you can go about it. You can go the uncontested route and try to reach an agreement with your spouse on all the issues without having to duke it out in court. Or you can go the contested route, which means you and your spouse disagree on one or more issues.

It is possible for a divorce to be both. Some divorces start out with no issues and then there happens to be a disagreement later on in the process, or vice versa.

The uncontested route is often the better choice because it is quicker and cheaper. However, some spouses want revenge and will argue over every little thing. But sometimes a divorce is contested because a spouse is being dishonest and the other spouse wants to make sure they get their fair share. Here are some things to think about.

Uncontested Divorce 

In an uncontested divorce, the couple agrees to the divorce and all the issues. They have resolved everything and are in agreement with all the key issues. They have reached a settlement outside of court, which saves time and money. They may or may not have lawyers involved.

Many couples choose an uncontested divorce because they want to keep things amicable. For some people, quicker is better. There may be children involved and the parents may want to put them through as little stress as possible.

Contested Divorce

A contested divorce, on the other hand, has issues that need to be resolved. The spouses are in disagreement over one or more issues. They may have tried mediation, but cannot come to an agreement. They will have lawyers to help them move to the next stage. They may have to go to court to get everything resolved. They will have to have a judge make certain decisions.

Some spouses just want to argue for no apparent reason. Some people have personality issues and just want to win at everything, so they refuse to negotiate and compromise.

However, there are several valid reasons why a person would contest a divorce. They may not want to end the marriage in the first place. They may disagree over child custody and visitation. One spouse may not want to pay child support. There may be issues over paying alimony. There may be disagreements over marital assets and how they are split, especially when it comes to the family home.

Contact a Maryland Family Law Attorney Today

It’s almost always better to opt for an uncontested divorce, but sometimes this is impossible if you and your spouse just can’t get along. There are situations in which you may want to contest a divorce.

Get help with the process and avoid costly delays with help from the Columbia divorce lawyers at The Law Offices of Todd K. Mohink, P.A. We can help you with all the legal and emotional aspects of divorce. Schedule a consultation with our office today. Fill out the online form or call (410) 774-5987. We have two offices to serve you.

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