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What Is the Difference Between Contested and Uncontested Divorce?

Whether you are in the early stages of thinking about separation or have already decided that you want a divorce, you probably have a lot of questions. One of these is probably whether your divorce will be contested or uncontested. What does this mean, however, and what can you expect in your divorce? We will take a look at these terms and how they may affect a Massachusetts divorce. We’ll also offer insight into what our firm can do to help you navigate complex divorce-related issues.

Contested Divorce

A contested divorce is one in which the parties cannot agree on the issues or the terms of the divorce. What are these issues? This includes anything from child support or spousal maintenance to property division, health insurance, or parenting plans.

The truth of the matter is that any divorce can be complicated. It involves finances, emotions, and the breakdown of a relationship that both parties were most likely not anticipating when they got married. When children are involved, the issues become even more complex. Even spouses on the friendliest terms can become enemies during a divorce.

Issues like high assets, spouses who are already having trouble getting along, and children all increase the likelihood of a contested divorce.

Contested divorce cases require court appearances and are ultimately decided by a judge.

Uncontested Divorce

In uncontested divorces, spouses agree on both the issues and the terms of those issues, therefore eliminating the need for a trial. This can save everyone involved both time and money, not to mention the stress of avoiding additional court appearances and a lengthy trial.

There is also some flexibility that comes with an uncontested divorce. Because spouses can come to their own agreements regarding custody, support, property, and similar issues, they are usually better able to reach compromises or arrangements that suit their unique needs. These matters are not decided upon by a judge, so they may find a level of flexibility that works for all parties involved.

An uncontested divorce is often preferable to a contested divorce in terms of time and money, but it is most important is the outcome. You should approach your divorce in whatever way is most likely to achieve the result you need and want.

What Type of Divorce Is Right for My Situation?

Every relationship, every marriage, every financial situation, every child, every living arrangement – they are all different. There is no one-size-fits-all approach to divorce and no general answer to whether a contested divorce is better than an uncontested divorce, or vice versa. You will need to look carefully at your current situation and your goals to determine what is needed to secure the best outcome for your well-being, your financial situation, and your children (if you have any.)

When you contact our Massachusetts divorce law firm about your case, we will be happy to offer our understanding of the risks and benefits of both contested and uncontested divorce. If we take on your case, we will be honest and forthcoming in providing guidance that gives you the best opportunity of facing a brighter future.

How Our Massachusetts Divorce Attorneys Can Help

There are a lot of uncertainties and unknowns that will only be discovered as you go through the divorce process. At Miller Law Group, we take pride in delivering the level of counsel and support that brings our clients peace of mind in knowing they’re taking the right approach. We’re there every step of the way.

In many cases, we will file the case as a contested divorce. If both parties end up agreeing to the issues and terms, we will then file a motion to modify the case to an uncontested divorce at the final hearing.

If you are considering divorce in Massachusetts, contact Miller Law Group to discuss your case for free! Contact us today and get your free legal evaluation!

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