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What Is The Difference Between a Contested and Uncontested Divorce?


A contested divorce is one in which the parties do not agree on issues pertaining to the divorce such as the divorce itself, the division of property, the division of debts, child custody, child support, alimony or other issues that can arise. In a contested divorce, the couple may have one issue they disagree on or several issues they do not see eye to eye. The court will determine the way in which the issues will be resolved.

Uncontested divorce is when the couple agrees on all the issues of the divorce and has no problems that need to be resolved by the court. Another uncontested divorce occurs when one of the parties does not show up in court, meaning they do not really care about any of the issues and how everything is divided. On the other hand, some individuals are not found and are not served the divorce papers. Both ways, this divorce will be granted and the party that comes to court will be given priority.

A marital separation agreement can be written prior to filing for divorce or even during the divorce proceeding can give you an uncontested divorce.

Whatever type of divorce you may be entering, you should consult with a divorce lawyer to ensure your rights are protected.
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