Uncontested vs Contested Divorce: What’s the Best Route to Go?

Uncontested vs Contested Divorce: What’s the Best Route to Go?

May 28, 2023

Divorce is a complicated and emotionally challenging process for everyone involved. It requires a lot of patience, understanding, and legal expertise. One of the significant decisions that divorcing couples must make is whether to go for an uncontested or contested divorce. 

Here is what you need to know about each option and how to choose the best route for your situation.

What is an uncontested divorce?

According to Forbes magazine, divorce rates have recently decreased; over 500,000 divorces occur yearly in the U.S. An uncontested divorce is when both parties agree on all aspects of the separation or one party files for divorce. The other needs to respond or appear in court. Most divorces, at least 90%, are uncontested, with many initially starting as contested but eventually leading to an agreement. 

An uncontested divorce is a legal separation that is settled out of court. When a couple decides amicably to divorce, uncontested means the couple has agreed on all the significant issues that arise during a divorce. Such topics may include child custody, child support, spousal support, and property division. With an uncontested divorce, there is no need for a judge to make any decisions, as both parties have agreed to the divorce terms.

What is a contested divorce?

In contrast, a contested divorce occurs when the couple cannot agree on one or more issues arising during the separation. In this case, the couple must go through the court system to resolve their disputes. This process can be lengthy, complicated, and costly.

What are Michigan laws regarding divorce?

Michigan is a no-fault divorce state, which means that a couple can file for divorce without having to prove any fault or wrongdoing on the part of either spouse. The state also requires that one of the spouses be a resident of Michigan for at least six months before filing for divorce. In addition, 

Michigan has specific laws regarding child custody, child support, spousal support, and property division. It is essential to consult with a divorce attorney with experience in Michigan family law to ensure all legal requirements are met.

So, what’s the best route to go?

Choosing between an uncontested and contested divorce depends on your unique situation. If you and your spouse can communicate effectively and agree on all the major issues, an uncontested divorce may be best for you. An uncontested option can save time, money, and emotional stress. 

However, a contested divorce may be necessary if you and your spouse cannot agree. This option can be costly and time-consuming, but it can also protect your rights and interests.

Do you need help with a divorce? We can help.

The decision to pursue an uncontested or contested divorce is a personal one that should be made after careful consideration of your unique circumstances. Hiring an experienced and committed divorce attorney can alleviate the burden and protect your legal rights. 

At Robbins & Licavoli, PLLC, we offer empathetic legal representation for all your Michigan family law requirements. To schedule a consultation, don’t hesitate to contact us today.

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