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The difference between a contested and uncontested divorce

On Behalf of | Jun 15, 2023 | Divorce

Now that you finally decided you want a divorce, you may wonder what your options are and how you should proceed. You may want to know first if your spouse agrees with the divorce. Their willingness to end the marriage will lay the foundation for the rest of the proceedings. You may have an uncontested divorce, where you and your spouse can agree on all the significant matters involved in the settlement. It will make the process much easier for everyone. Conversely, if disagreements or conflicts arise concerning one or more factors, it is a contested divorce.

What matters are common areas of contestation in a divorce?

In any marriage, there will be disagreements and conflicts. In a divorce, it becomes substantially more difficult to address these issues because each spouse considers an outcome more favorable to them. Common points of contestation include:

  • The division of marital property
  • The custody of the children
  • Parental rights and visitation
  • Alimony
  • Child support

You should know if your spouse agrees to divorce so you can start on common ground. Otherwise, you may have a long battle ahead. You may require court intervention if you and your spouse cannot resolve these issues together.

Why you should try to get an uncontested divorce

An uncontested divorce can remain private. Instead of battling out disputes in the courtroom, you can work with a legal representative to negotiate the terms. You and your spouse will have control over the outcome of the divorce instead of letting the Louisiana family court decide on the matters for you.