Legal Counsel You Can Count On

Contested versus uncontested divorces

On Behalf of | Feb 27, 2023 | Divorce

There are two general categories of divorces in Georgia. One is contested, and the other is uncontested.

These terms apply to divorces regardless of the details of the marriage. Couples with children can have uncontested divorces as well as contested divorces, for example.

Contested divorce

A contested divorce is one in which the couple cannot agree on the issues that they need to resolve. This is, in fact, relatively rare.

Disagreements are normal during divorce. In fact, their presence is almost a certainty. However, those disagreements are not always irreconcilable.

During a contested divorce, the couple turns to the court to make decisions that they cannot make themselves. Contested divorces tend to last longer and cost more than the alternative, but they provide a rigid structure that some couples view as necessary upon consideration of the key issues of the specific case in question.

Uncontested divorce

In uncontested divorces, couples negotiate the details outside of a formal litigation process. There is generally an understanding that both parties want to resolve the issue as fairly and efficiently as possible.

This approach often still takes time. Both parties need to understand the requirements of the other as well as the factual details of the case. Additionally, even though this type of divorce does not take place in a courtroom, the process still needs to result in final agreements that the court would approve.

One common legal strategy is to prepare for a contested divorce while aiming to settle out of court. This should build a case that has the strength to pursue a fair outcome, but it also should enable more efficiency in the event an uncontested divorce is possible.