Uncontested vs. Contested Divorces

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            Divorce is often a complicated and emotionally fraught process.  With that in mind, the last thing any party facing a divorce should have to worry about is legal terminology.  For example, the difference between contested and uncontested divorce.  What is the difference between these two divorces, and why are they important?

            An uncontested divorce, also known as an irreconcilable differences divorce, is a divorce in which both parties completely agree to the terms of the divorce.  Both spouses agree that the divorce should happen, and they agree to the terms of that divorce including how to divide assets, custody, child support, or alimony. Uncontested divorces often require only one party to hire an attorney although both parties may obtain counsel. Uncontested divorces are usually completed more quickly than contested divorces.

            A contested divorce is more complicated.  In a contested divorce, spouses disagree, either that the divorce should happen, or on the terms of it.  In this case, parties will need to file for a divorce based on fault grounds. Usually both spouses obtain legal counsel. Contested divorces will likely go through the discovery process. Contested divorces can be resolved through settlement negotiations, mediation, or trial.

            If you need help settling a divorce, call us at (662) 895-8170.  Treadway Law Firm has been helping families navigate the divorce process for over 30 years. At Treadway Law Firm, we will ensure that your divorce process is as seamless and painless as possible.

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