Uncontested versus Contested Divorces

A divorce is either uncontested or contested, and the process of divorce moves much faster when neither spouse contests the end of the marriage.

In an uncontested divorce, the spouses agree on the terms and conditions of the divorce. They agree about the division of community and/or marital property and debt, the custody of any children, and the payment of child and/or spousal support. In the contested divorce, one or more of these issues blocks a settlement, and the couple may have to go to court to resolve the issue.

Uncontested divorces allow for default judgments. A default judgment can be made when the defendant makes no response to the petition. The failure to respond results in a default judgment against him or her, and it is done deliberately. Uncontested divorces move more quickly through the courts and are less expensive than contested divorces, and an uncontested divorce reduces hostility, allowing both parties to resume their lives more quickly.

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