Uncontested V. Contested Divorces

We receive a lot of calls about uncontested divorces. These are situations where both parties are largely in agreement about the terms of the divorce and just want to get it done as quickly as possible. However, there are some reservations about uncontested divorces in marriages, especially those that have lasted more than five years. This is because a lot can happen in a marriage over five years – you may have accumulated assets, debt, or property, and you may have children together. All of these things can make a divorce more complicated. That being said, many people see uncontested divorces as the first alternative to consider. If you are confident that the other party is in agreement with you and you want to pursue an uncontested divorce, you can file in court with the help of a competent attorney. Once all the necessary signatures are obtained, the process can be completed quickly and easily. The challenge in an uncontested divorce is that you both must be on the same page with 100% of the items to make it uncontested. In our experience this is difficult to achieve. The old saying goes “You don’t know what you don’t know.” For example, we often see people failing to add the required language of child support to their agreements or failing to address things like who gets to claim the interest for the house on their tax returns. On the other hand, if you’re not sure if the other party is ready for a divorce, but you still want to move forward with an uncontested divorce, you can file the necessary paperwork and divide the assets and debts as you see fit. However, the other party is not obligated to respond to you, so you may end up waiting for a response for months or even a year. In this case, it may be better to file a contested divorce, as the other party will be required to participate in the process. If you need assistance with the divorce process, Justice Legal Group at 505-880-8737. We are committed to helping you protect your interests.