Getting a divorce is almost never easy. Whether a case is contested or not, it can be hard to escape the financial and emotional burdens involved in ending a marriage. Factors such as property division, child custody, prenuptial and postnuptial agreements, and business interests may serve to further complicate divorce disputes.

Not every divorce has to involve drawn-out legal battles and messy family conflicts. In the United States, all 50 states now offer some form of no-fault divorce, which means that a spouse does not have to prove marital misconduct to legally end the marriage. While steps may be taken to avoid litigation, there will usually be at least some interaction with the court system.

When going through a divorce, legal representation from a skilled attorney can help you navigate your case and understand your rights. A lawyer can advise you on what steps you may be able to take to minimize court involvement and complete your case more efficiently.

Fault Vs. No-Fault Divorce

Historically, state laws allowed a person to blame their spouse for the failure of their marriage by citing specific reasons such as abuse, adultery, or abandonment. When filing a divorce petition, a person may need to present evidence that the other spouse was at fault. 

In at-fault divorces, the procedures and legal language could vary from state to state, and cases would commonly involve one or more of the following:

• Infidelity: Having sexual relations with someone other than one’s spouse.

• Cruelty: Domestic violence, humiliating or degrading behavior, and other forms of inflicting physical or emotional pain.

• Substance Abuse: The excessive and harmful use of drugs or alcohol.

• Abandonment: Neglecting or leaving one’s spouse without consent.

• Imprisonment: Incarceration by one spouse for an extended period of time.

As mentioned above, proving fault generally requires evidence, often in the form of documents, photographs, and testimony. A person accused of marital misconduct could legally contest a divorce petition and argue that their alleged conduct did not occur, was provoked, or was forgiven by their spouse a long time ago.

Conversely, in a no-fault divorce, the court can proceed with a case if both spouses agree that they have unresolvable marital differences. However, the court can still require proof of separation if one partner contests the claim that the marriage is irrefutably broken. Some states may require spouses to live in separate homes, while in others, a separation may occur while the couple remains living together, depending on the circumstances. 

Contested Vs. Uncontested Divorce

The issues of fault and whether a case is contested concern different aspects of the divorce process. While fault may address the legal grounds for ending a marriage, whether a divorce is contested or uncontested will depend on the couple’s level of agreement as they address issues such as the division of assets, child custody, or financial support during the divorce process. 

The principal difference between contested and uncontested divorce is whether the spouses or a judge will determine the final terms of the case. In an uncontested divorce, both spouses will agree on the terms of their divorce without the need for court intervention. A couple may negotiate a divorce settlement between themselves, or they may use mediation to reach agreements on all outstanding issues. An uncontested divorce is often more streamlined and can help couples avoid years of financial strain and numerous court battles.

Negotiating a Settlement in an Uncontested Divorce

The most common issues that can lead to disputes in divorce negotiations include child custody and visitation rights, child support, spousal support, and the division of property, debts, and financial interests. If both parties cannot come to an agreement on some or all of these issues, they may not be able to complete an uncontested divorce. 

During an uncontested divorce, the court is largely responsible for making sure that all state or county-specific requirements are met. A judge will review a settlement filed by a couple and may consider whether the terms are fair and whether the couple’s decisions will serve the best interests of their children.

Though this route is often faster, cheaper, and more amicable, an uncontested divorce will require complete agreement on all terms. This option may not be feasible in complex financial situations or when significant power imbalances exist. In some cases, one party may feel pressured to agree on unfair terms to ensure a cordial breakup. To ensure a fair outcome, each spouse may retain a divorce attorney who can advocate for their interests, help negotiate agreements, and ensure all legal requirements are met throughout the case.

Resolving Disputes in a Contested Divorce

Contested divorces must be litigated in court when spouses cannot agree on all terms of the divorce. Preparations for a trial may be extensive, and each party’s attorney may gather evidence and work with expert witnesses as they prepare their client’s case.

A contested divorce can take months or even years to fully complete. Spouses will be encouraged to resolve disputes prior to court proceedings whenever possible. If a case proceeds to trial, neither party may be satisfied with the final outcome, as the terms of a divorce judgment will be decided by a judge. 

How Much Does a Contested or Uncontested Divorce Cost?

The costs of a divorce depend on the complexity of the case and the level of conflict. In an uncontested divorce, each party may work with their own lawyer, and their legal fees may be a few thousand dollars. These fees can increase if a case involves significant conflict or requires attorneys to address complex issues. 

In some cases, couples may be able to save money by using mediation, which can help them reach agreements more quickly and efficiently, and they can split the costs associated with working with a mediator. Each spouse may still retain their own attorney to review their divorce settlement and address any remaining legal issues, which can increase the costs of the case.

A contested divorce is likely to be much more expensive. Because attorneys must gather evidence and prepare for trial, fees can add up quickly. In many contested cases, the costs for each spouse will exceed tens of thousands of dollars.

Ultimately, there is no one-size-fits-all solution to divorce. Spouses can agree on some terms, but they may encounter contentious disputes when addressing other issues. While cost may be a factor, the choice of approach will often depend on the expected outcome, the issues to be addressed, and the level of conflict anticipated. An experienced divorce attorney can provide guidance on the steps a person can take to protect their rights and resolve divorce-related issues successfully. 

Disclaimer: This article is intended for informational purposes only and should not be considered as legal advice. For specific guidance regarding your divorce case, consult a licensed attorney who can provide personalized legal counsel based on your circumstances.