Contemplating the end of your marriage?
Divorce is never easy, and every year 673,989 couples go through this same agonizing decision: choose an uncontested divorce or a contested proceeding.
The fact is uncontested divorce is the easier route that will save you time, money, and heartache. Shockingly over 95% of divorces in the U.S. are uncontested, showing that most couples can and do reach amicable agreements without airing their dirty laundry in court.
But why is uncontested divorce so popular? What makes it the better choice? And how do you know if uncontested is right for your situation?
Here’s what you’ll learn…
- What is Uncontested Divorce vs Contested Divorce?
- What Is the Real Cost Difference?
- What Timeline Differences Should You Know?
- When Does Uncontested Divorce Make Sense?
- How Do You Get Started With Your Simplified Divorce?
What is Uncontested Divorce vs Contested Divorce?
Uncontested divorce means both parties are in agreement on all the issues in the divorce. There are no arguments taken to court.
Contested divorce is the opposite of uncontested. It’s when a couple is arguing over their divorce and custody issues and it goes to trial before a judge.
Imagine that instead of dragging out your separation in court, you and your spouse can agree on the details and move on with your life more quickly. An uncontested divorce happens when both parties agree to all the terms and conditions of the divorce.
In an uncontested divorce, you reach agreements on the following issues:
- Property division
- Child custody
- Child support
- Alimony and spousal support
- Debt allocation
In a contested divorce, these issues are all fought out in front of a judge.
Here’s the bottom line:
Uncontested divorce gives you control instead of putting your life in the hands of a judge who has never met you. Instead of months or years of litigation, you can both move on more quickly and avoid the high costs of contested divorce.
Understanding the specifics of a contested divorce in Arizona and other states can help clarify the differences and guide you toward choosing the best path forward.
What is the Real Cost Difference?
Let’s talk money, which is, as you know, one of the largest reasons that a couple chooses uncontested divorce. The reality is that contested divorce is astronomically more expensive than uncontested.
On average, a contested divorce costs twice as much as uncontested divorce. But the differences between uncontested divorce in California vs. an uncontested divorce in TX and other states, can be staggering.
On average, contested divorce cost $12,900 vs. uncontested divorce cost at $4,100. This cost difference is insane, and it’s the primary reason that 95% of all divorces are resolved uncontested.
But what’s even more insane is that contested divorce can really start to add up. Once you consider attorney fees, court costs, expert witnesses, depositions, and other “discovery” expenses, a contested divorce can rack up costs of 6 figures and more.
Here’s what you need to know:
Every minute you spend in court is costing you thousands of dollars. An uncontested divorce keeps costs down by skipping most of those legal fees.
And here’s an even better reason:
You can do an uncontested divorce with almost no lawyer involvement. But with contested divorce, a lawyer is an absolute necessity. Make sense?
Timeline: Months vs Years
Time is money, they say.
Divorce can take a long time, and uncontested divorce is far quicker than contested. When done right, an uncontested divorce can be completed in a matter of months. File the paperwork, wait the state’s required time, and boom.
Contested divorce is a process that can take:
- 6 months to a year on the low end
- 12-18 months on the high end
- Several years for some of the most contentious divorces
Think about that for a moment. The reality is that a contested divorce can take years. Years of legal wrangling, fighting over details that the two of you could have solved on your own, just to give a total stranger the right to call the shots in your life.
And here’s the even more jaw-dropping fact:
Contested divorce costs more the longer it takes. Hourly attorney fees add up quickly when your case drags on for multiple years.
When Does Uncontested Divorce Make Sense?
It may surprise you to know that uncontested divorce is an option for far more couples than you’d think.
Uncontested divorce works well when:
- You and your spouse can have a civilized discussion about your future.
- Your marriage was simple financially. No significant property or complex financial dealings. Simple splits are easier to agree on.
- Both of you want to put the wellbeing of your children first.
- You’re both willing to play fair and let go of the desire to “win.”
The truth is that uncontested divorce is a better option when the two of you are able to work together toward fair results.
But here’s the part nobody likes to talk about:
Uncontested divorce isn’t a solution for all situations. It doesn’t work if your spouse is stonewalling on financial disclosures or other agreements. It also won’t work if there’s a history of abuse in your relationship.
The Hidden Benefits Nobody Talks About
But uncontested divorce has some hidden benefits you might not be aware of. Here are a few:
- Privacy protection. A contested divorce is a matter of public record. Everyone from private investigators to curious neighbors can read up on your divorce. With an uncontested divorce, you can maintain a degree of privacy.
- Emotional relief. Dragging out a divorce in court is toxic and creates bitterness between the two of you that lingers for years after. An uncontested divorce can help you both move on more quickly.
- Control over the process. When you have a contested divorce, the court controls the timeline and most other aspects of your case. But with uncontested divorce, you and your spouse get to decide what happens and when.
Getting Started With Your Simplified Path
Are you ready to explore uncontested divorce as a possible path forward in your life?
Start with talking to your spouse. If you two can be civil and have a frank discussion about whether uncontested divorce is a viable option for you both, you’re already halfway there.
Gather all of your financial information, including but not limited to bank statements, property titles, retirement accounts, and credit card debt. If you’re financially well-organized, negotiations about property division will be much easier.
You can absolutely pursue uncontested divorce on your own, but many people get a divorce lawyer to consult on their case.
Research your state’s laws because each state has its own uncontested divorce process. Some require waiting periods, while others have simplified methods for you to choose from.
Wrapping Things Up
There’s no denying that uncontested divorce is the clear path to choosing the simpler option during one of the most challenging transitions of your life.
We’re talking about a process that 95% of people go through without involving the court at all, and for good reason.
The benefits are there for you to see:
- Save yourself thousands of dollars in legal fees
- Complete your divorce in months rather than years
- Maintain as much privacy and control over your family’s future as possible
- Lower emotional stress during an already emotionally difficult time
The choice between contested and uncontested divorce will impact your life for the next several years at least, if not the rest of your life. Choose wisely so you can move on with your finances, your sanity, and your dignity intact.