Contested vs. Uncontested Divorce: Which is Right for You?

Parting ways with your spouse does not always need to involve a lengthy battle in the courtroom. Under Georgia law, divorces can be either contested or uncontested. These are two very different processes that can significantly impact the time and cost spent on legal proceedings, as well as your personal privacy and emotional well-being. If you are considering dissolving your marriage, it’s important to understand the differences between a contested vs. uncontested divorce, and which is right for your situation.

Key Takeaways

What is a Contested Divorce?

A contested divorce is one in which spouses cannot agree on one or more of the major issues that need to be determined in order for a judge to issue the final divorce decree. Specifically, the matters that must be resolved before a divorce can be finalized include the following:

• Alimony/spousal support
• Property division
• Child support
• Child custody

Contested divorces typically move through the litigation process, which can involve motion practice, extensive discovery, depositions, court conferences, and potentially a trial where a judge will determine the issues that the spouses could not settle. Divorces on the contested track can sometimes take years to finalize, based on the court’s calendar, the complexity of the issues in dispute, and the couple’s willingness to reach an agreement. While the court will encourage a couple to work out the issues that are in dispute between themselves, mediation sessions may be scheduled to promote settlement discussions throughout the course of a contested divorce.

What is an Uncontested Divorce?

An uncontested divorce is one in which spouses agree on all major issues that must be decided in order for the judge to grant the divorce decree. A resolution may have been reached in mediation, using the collaborative process, or through negotiations between the spouses. In any event, an uncontested divorce does not typically require judicial intervention. Rather, the spouses decide the outcome of their case between themselves.

When considering whether a contested vs. uncontested divorce is best for your situation, it’s important to keep the following benefits in mind that can come with proceeding uncontested:

• Reduced conflict: Since it does not involve protracted litigation and requires spouses to compromise, an uncontested divorce can often help reduce conflict between the spouses.
• Cost-effectiveness: While an uncontested divorce does not require multiple court appearances, lengthy discovery, or a trial, it can reduce the attorney fees and court costs associated with obtaining a divorce.
• Faster resolution: An uncontested divorce does not require spouses to be bound to the court’s calendar. They can reach a resolution on their own timeline, which can result in a faster conclusion to their case. Some uncontested divorces can be finalized in as little as a few weeks.
• Amicability: Proceeding uncontested can help preserve the relationship between spouses, which can be crucial if they will be co-parenting.
• Less stress: An uncontested divorce can reduce financial strain, prolonged uncertainty, and emotional drain, resulting in less stress throughout the divorce process.
• Privacy: In contrast with a contested divorce, which takes place in an open courtroom on the record, an uncontested divorce can help keep your financial and personal details private.

Even if a case begins as a contested matter, spouses can reach an agreement at any time and move their case to the uncontested track. The filing spouse may also be able to obtain an uncontested divorce if the other spouse does not answer the complaint or appear in the case within the applicable time frame.

Which Type of Divorce is Best for Your Situation?

There are a variety of factors that should be considered when determining whether a contested vs. uncontested divorce is right for you. For instance, if you had a relatively short marriage, there are few marital assets, and you do not share children with your spouse, an uncontested divorce is likely appropriate. Proceeding uncontested is also a good option for spouses who are amicable, willing to work together, and dedicated to keeping conflict at a minimum.

However, if there are highly contested custody issues, major disagreements about alimony, or complex assets to divide, judicial intervention may be necessary. Litigation may also be required if a spouse refuses to cooperate, provide necessary financial information, or participate in alternative dispute resolution. In addition, an uncontested divorce would not be appropriate in cases where domestic violence has occurred, a spouse is concealing assets, or there is a power imbalance. In such situations, there are a number of tools available in litigation that can help protect the victim spouse.

Contact an Experienced Georgia Divorce and Family Law Attorney

If you have questions about contested vs. uncontested divorce in Georgia and which process is right for you, it’s essential to consult with a skilled divorce and family law attorney who can best advise you. At NVP Family Law, we are dedicated to providing our clients with compassionate counsel and trusted representation for a wide range of divorce and family law matters. We welcome you to contact us for a consultation online or by calling 470-314-0253 to learn how we can help.