What is a contested versus an uncontested divorce?

On Behalf of | Feb 23, 2020 | Firm News |

Mississippi couples have a few options when dealing with divorce. Uncontested and contested divorces are two possibilities. Today we will take a look at the difference between these things and what they mean for you. 

Cornell Law School looks at the definition of uncontested divorce. Both parties come to mutual agreements on matters like property and child custody. They file their paperwork together. They have a mutual agreement about the end of their relationship. Often, uncontested divorces are also amiable divorces. This means both parties get along in a decent way. There may be arguments, but the couple can work through these. They may employ third party mediators to help them reach agreements. 

Contested divorces are the opposite. They occur if a couple cannot reach a mutual agreement on any terms of the divorce. This can include: 

  • Child custody arrangements 
  • Child or spousal support payments 
  • Property division 
  • How to handle alimony 

It is natural that in a divorce, couples will disagree. The key difference is working past these disagreements. Together, you can find answers that satisfy both parties. If you are able to do that, it is much easier to achieve an uncontested divorce. Couples must agree on all terms for an uncontested divorce. This makes them difficult to achieve. For example, what if you agree on everything but child support payment amounts? It is still a contested divorce. 

Contested divorces are more common than uncontested divorces. Some people do not wish to have an uncontested divorce, either. But what works best for you depends on your own unique circumstances.