Understanding the Difference Between Contested and Uncontested Divorce

Divorce is an incredibly stressful process for anyone to endure.

But did you know… The type of divorce you file can drastically affect the length, cost, and emotional toll it takes.

There are two divorce options to consider: contested vs uncontested divorce. Review the difference between each so you can make informed decisions regarding family law services.

What you need to know:

• What Is an Uncontested Divorce?
• What Is a Contested Divorce?
• Contested Divorce vs Uncontested: Understanding The Difference
• How To Decide Which Divorce Is Best For You

What Is an Uncontested Divorce?

An uncontested divorce is by far the easiest way to legally end your marriage.

This is typically how divorces play out:

Both spouses agree on all major issues such as custody, property, support payments, etc. There is no disagreement on any terms inside or outside of court. Each party signs their agreement, and the documents are filed with the judge.

Since everything is settled beforehand, there’s no need for trial or courtroom debate. Uncontested divorces take half the time, cost half as much, and are far less stressful.

In fact, according to CBS News, about 95% of divorce cases are settled outside of trial. Couples usually come to an agreement without involving judges or lawyers.

As long as you and your spouse are on relatively good terms, an uncontested divorce should always be your first choice. For experienced family law representation who can walk you through each step, contact divorce lawyers in Brampton to help file the necessary paperwork.

An uncontested divorce works best if:

• You both agree on child custody arrangements
• Both spouses are satisfied with the property division
• Spousal support isn’t being contested
• You’re both capable of communicating effectively

Got it? Now let’s look at the other side.

What Is a Contested Divorce?

A contested divorce is pretty much the exact opposite of what was described above.

It occurs when the divorcing couple cannot agree on one or more issues. Common problems include child custody disputes, disagreements on who keeps the family home, arguments over who gets specific retirement funds or inheritances, etc.

When the two parties can’t come to an agreement outside of court, a judge is asked to intervene. All contested issues are hashed out in front of a judge, who then rules in one favour.

Here’s the downside…

Contested divorces take MUCH longer to finalise. Not only do you spend months or years divorcing your spouse, but you also face hefty financial costs.

Recent studies show that uncontested divorces cost Canadians roughly $1,860 on average. However, a contested divorce costs significantly higher at $20,625. That’s over ten times more!

Contested divorces are much more common when:

• Child custody or visitation is being contested
• One spouse believes property will not be divided fairly
• Large assets are involved (i.e. family businesses or vacation homes)
• Either spouse disputes alimony payments
• You and your spouse do not communicate well

Needless to say, contested divorces take an extreme emotional toll. They’re not only expensive, but they can completely destroy relationships with your children and take years to recover.

Contested Divorce vs Uncontested: Understanding The Difference

Now that the basics of each divorce type are covered, here’s how they differ.

Cost

Uncontested divorces are MUCH cheaper to file. Since there is no need to argue your case in front of a judge, lawyers fees are minimal. Contesting your divorce will require multiple court appearances, documentation fees, expert witnesses, etc. The list goes on.

Timeframe

An uncontested divorce can be finalized in as little as a few months. The average length of divorce proceedings in Canada is about four to six months. A contested divorce can take well over a year to resolve depending on how many issues need to be settled by a judge.

Emotional Stress

This one is huge. With an uncontested divorce, you and your spouse are on the same team trying to reach a goal. A contested divorce pits you against your ex and creates an environment that could poison family relationships for generations.

Control

With uncontested divorces, you have final say over the agreed upon terms. With contested divorces, the judge can decide what’s best for you… Even if you don’t like the outcome.

How To Decide Which Divorce Is Best For You

The decision between a contested divorce vs uncontested really comes down to one question…

Can you and your spouse come to an agreement?

If yes, then there’s no reason not to divorce uncontested. You’ll save yourself money, time, and stress by not taking your divorce to court.

If you cannot agree on any terms, or if your spouse is unwilling to negotiate in good faith, you may have no choice but to contest the divorce.

Regardless of your situation, here are some tips to help you navigate the process as painlessly as possible:

• Communication is key. Have a candid discussion with your spouse about all outstanding issues before retaining counsel. You’d be surprised how many issues can be resolved simply by talking.
• Try mediation. Mediation allows you to have a neutral third party help resolve disputes without going to court. The process is also cheaper than a traditional divorce and typically produces favourable results.
• Seek legal counsel early. Many people wait too long before hiring a lawyer. By consulting a knowledgeable family law attorney early on, you can avoid small disagreements turning into major court battles later.
• Look at the big picture. Remember why you’re getting divorced in the first place. Don’t let emotions get the best of you and turn a contested divorce from messy into carnage.

Keep in mind that just because you start a contested divorce does NOT mean it stays contested. Oftentimes couples will have issues they can’t agree on at first, but come to a mutual settlement before trial.

The Takeaway

Knowing the difference between contested divorce vs uncontested divorce is crucial to begin the divorce process. An uncontested divorce is always the best option if you and your spouse can agree on the divorce terms.

A contested divorce should be used as a last resort, only when serious disagreements about children, finances, or property exist.

Here’s a quick recap:

• Always try to settle outside of court
• Hire family law representation as soon as possible
• Consider mediation if you and your spouse are unable to agree
• Try to remain calm and think of your family’s best interest

No matter which type of divorce you ultimately choose, you should always have an experienced divorce lawyer on your side.