Question: I want to find out more about an uncontested. My husband and I will be getting a divorce. We've tried to work out our problems but we just can't do that. We've gone to marriage counseling and we've read all the books on trying to help and save a marriage. We think we'll be happier separate from each other.
We've been married for about 25 years but we've been fighting for the last 10 years. I moved out for a year but then I came back after he said he'd change and tried to work it all out.
Now that we've finally decided to divorce we are looking into the best way to do it. We do own a house together and we do have assets. But we'd like to divorce and to hold down the costs; we know attorneys can be costly. Of course we want to make sure it is done right, and that we both have our issues dealt with in the right way. We don't want to get anything wrong.
So I'm writing to find out the difference between a contested divorce and an uncontested divorce. I'm trying to find out which one we should do.
K.O. in Atlanta, GA
Answer: Most divorces are contested, at least to some extent. That means that not all issues are worked-out in advance by the spouses. If any negotiations are necessary for any issue, then the divorce is considered contested, not uncontested.
But just because a divorce is contested does not mean that it will be expensive or really time-consuming. Many times issues and arguments can be resolved through negotiation. Many times a divorce case can be fully resolved without requiring a judge to decide any of the issues. If a judge decides an issue, you never know what that judge will do.
So just because a divorce is contested does not mean that it will be expensive or terribly acrimonious. We have done many divorces quickly and without much fighting between the spouses.
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