What Is the Difference Between a Contested and Uncontested Divorce?


When a couple decides to divorce, there are usually many decisions to make for issues such as dividing assets, child custody, and/or alimony. Whether a couple can agree on these decisions sets the tone for how the divorce will proceed.

Common decision a couple must work through include:

  • Child custody
  • Child support
  • Alimony
  • Property division
  • Debt division

Uncontested Divorce

An uncontested divorce is a legal process in which the couple is able to determine important divorce decisions without the intervention of the court or a judge. This type of divorce generally goes rather quickly. An uncontested divorce does not require certain steps like a trial, discovery phase, or investigations in because both parties are in agreement. Additionally, an uncontested divorce may be difficult to appeal since the parties are divorcing amicably. This does not mean an appeal is not possible. It only means that if either party seeks an appeal, they will need to provide extensive evidence that they would like a change due to significant changes in their circumstances.

Contested Divorce

A contested divorce is a legal process in which the couple cannot come to an agreement concerning the major issues in their divorce. A contested divorce must be resolved by the judge, who will hear both sides of the case and make the final decision. For example, let’s say a couple bought a house together and they both would like to keep it after the divorce. The judge would be the one to determine if one party keeps the house over the other, if they must sell the house and split the proceeds, or another decision.

Protecting Our Client’s Best Interests

Whether you are going through a contested or uncontested divorce, K. Dean Kantaras, P.A. is here to help you. Our attorneys are knowledgeable in all aspects of divorce law and can skillfully represent you and protect your rights in and out of the courtroom.

To schedule your appointment, call us today at (727) 939-6113 or contact us online.

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