Are you confused about the difference between uncontested divorce vs. contested divorce? If so, you are not alone. At times, legal terms and jargon may seem like a different language. Because of this fact, you may feel like lawyers are speaking an entirely different language.
Divorce comes in two common flavors: uncontested divorce and contested divorce.
WHAT IS AN UNCONTESTED DIVORCE?
With an uncontested divorce, both sides agree on all legal issues. Accordingly, the couple doesn’t need the court to decide any legal issues. These legal issues may include:
- Dividing assets/debts;
- Considering claims for alimony/spousal support; or
- Child issues such as custody, visitation, or child support.
In most cases, an uncontested divorce is quicker and cheaper than a contested divorce. Sometimes, uncontested divorces are a faster option because:
- Both sides are in agreement;
- Zero issues to negotiate or fight about in court; and
- No hearings or trials.
BENEFITS OF AN UNCONTESTED DIVORCE
The benefits of an uncontested divorce include:
- Usually less complicated;
- Lower stress and time;
- Less financial cost;
- Usually no court hearing or trial;
- Generally less stress and conflict.
WHAT IS A CONTESTED DIVORCE?
A contested divorce occurs when both sides cannot agree on any of the necessary divorce terms. This disagreement can surround either financial issues, or issues impacting the children.
Contested cases involve issues such as:
- Who stays in the house?
- Will I keep the car?
- How do we divide bank accounts?
- What’s the length and amount of alimony?
- How much child support will a parent pay each month?
- How much time will the children spend with the non-primary parent?
In most situations, your case’s difficulty depends on the number of issues that are present. Put another way, more complicated divorces take longer to resolve. Consequently, the divorce becomes more expensive.
Are you unable to agree on all terms of your divorce? If so, you have an uncontested divorce. In other words, your divorce will need to flow through the court system.
With that said, not all contested divorces are created equally. Accordingly, you should understand the four possible stages of a contested divorce.
COMMON REASONS FOR A CONTESTED DIVORCE
As we have seen, almost any unresolved legal issue leads to a contested divorce. Also, we’ve seen that there are benefits to an uncontested divorce. With that said, there are also reasons for choosing a contested case. These reasons include:
Dirty Divorce Moves. Dirty moves may happen when a spouse hides or transfers assets. Moreover, hidden assets can impact how child support or alimony is calculated. Is your spouse hiding assets? If so, a contested case enables you to request divorce discovery. This discovery process provides a better understanding of the value, nature, and extend of each spouse’s accounts.
Spousal Support/Alimony. In some cases, both sides cannot agree on the appropriate length and amount of spousal support. Are you and your ex unable to agree on alimony? If so, your case will become contested.
Issues Impacting the Children. Disagreements regarding the children often lead to contested cases. Specifically, at times, both sides cannot agree on the appropriate visitation and custody. Additionally, when income is being concealed, parents may be unable to agree on child support. Are you unable to agree on the appropriate custody and visitation? If so, your assigned judge will decide the issue based on the child’s best interests.
Domestic Violence & Restraining Orders. Sadly, many divorce involve mental or physical abuse. Accordingly, many divorces involve domestic violence or restraining orders. When this occurs, usually an uncontested divorce is not possible. Moreover, abuse also creates issues that impact a child’s best interests regarding custody and visitation.
Controlling, Unreasonable, or Unrealistic Spouse. At times, a contested divorce is necessary due to unreasonable demands. Sometimes, a bullying/controlling spouse may use the divorce to continue abusive patterns of control. In doing so, the spouse may file unnecessary motions, or otherwise delay the divorce. Otherwise, a bullying spouse may make unrealistic/unreasonable demands that do not reflect the reality of NM law. In these situations, a contested divorce becomes unavoidable.
BENEFITS OF AN UNCONTESTED DIVORCE VS. CONTESTED DIVORCE
As we have seen, there are benefits to both uncontested and contested divorces. On one hand, an uncontested case enables a relatively quick and less stressful divorce process. On the other hand, at times, an uncontested divorce is not a realistic option.
In either scenario, it is always essential to speak with an experienced New Mexico attorney. Speaking with an experienced attorney enables you to understand how New Mexico law applies to your unique marriage.
(505) SANCHEZ ANSWERS, “WHAT’S UNCONTESTED DIVORCE VS. CONTESTED DIVORCE?”
Do you still have questions about uncontested divorce vs. contested divorce? if so, Sanchez has handled uncontested divorces all across New Mexico, including: Albuquerque, Santa Fe, Taos, Rio Rancho, Los Lunas/Belen, and Gallup/Grants. Also, Sanchez has handled contested divorces across New Mexico, including: Albuquerque, Santa Fe, Socorro/Estancia, Rio Rancho, Los Lunas/Belen, and Gallup/Grants. Talk to a seasoned and successful attorney that knows what they are talking about. Talk to (505) SANCHEZ.
