Uncontested Divorce vs. Contested Divorce: What’s the Difference?

If you’re considering parting ways with your spouse, you may be wondering what the difference is between an uncontested vs. contested divorce. While the result is ultimately the same in that a judge will issue a decree that legally terminates your marriage, the type of divorce you choose will determine how your case moves forward. With an uncontested divorce, spouses reach agreement on issues that need to be decided between themselves — in a contested matter, a judge determines the outcome for any issues that cannot be agreed upon by the spouses.

What is an Uncontested Divorce?

An uncontested divorce is one in which spouses agree on all the issues that need to be determined to legally end their marriage. Even if a divorce begins as a contested matter, it can be completed as an uncontested case if spouses reach a settlement after the initial paperwork has been filed. Mediation and the collaborative process are two forms of alternative dispute resolution that can allow you and your spouse to resolve the issues of property division, alimony, child custody, and child support outside the courtroom. In the event any issues cannot be resolved without judicial intervention, the case will be considered a contested matter — and proceed through the litigation process.

Mutual Consent Divorce

Couples who agree on all the issues that need to be determined before filing their divorce complaint can proceed with a “mutual consent divorce” in Maryland. This streamlined process is a type of uncontested divorce that is cost-effective and efficient — it can also allow you to divorce more amicably. In addition, there are no fault grounds that need to be established or waiting periods. However, there are specific requirements in order to qualify for this form of uncontested divorce, including the following:

• You must include a signed, written settlement agreement with your divorce filing.
• The agreement covers the issues of property division, alimony, and if applicable, child custody and support.
• You must show the court that neither spouse changed their mind between the time the settlement agreement was signed and the date the divorce hearing is scheduled.

After the mutual consent hearing in court, a judge will issue the Judgment of Absolute Divorce. The terms of the settlement agreement you entered into with your spouse cannot be altered once it has been entered, except where there has been a “material change in circumstances” concerning child custody or support. It’s essential to consult with a divorce attorney before signing a settlement agreement or proceeding with a mutual consent divorce to ensure your legal rights and financial interests are protected.

What Does a Contested Divorce Mean?

A contested divorce is one in which the spouses do not agree on one or more of the major issues that need to be determined in order for a judge to sign the final judgment. Since it can involve a considerable amount of discovery, the process for a contested divorce is typically much longer and more costly than that for an uncontested matter. If the issues can’t be resolved through negotiation attempts during the litigation process, a trial will be held. At trial, a judge would decide any disputed issues based on the evidence presented and the testimony of the parties.

Notably, alternative dispute resolution is still available in contested divorce cases — and these methods can often help spouses transition from a contested matter to an uncontested divorce. In fact, judges encourage the parties to settle the issues in their case between themselves.

Is an Uncontested vs. Contested Divorce Better for My Situation?

Whether an uncontested vs. contested divorce is better for your situation will depend upon the specific facts of your case. Under the right circumstances, there can be many advantages to proceeding with an uncontested divorce. Importantly, it allows you and your spouse to remain in control of the outcome of your case, rather than let a judge decide. Moving forward with the uncontested process can also reduce the costs associated with litigating your divorce, save you time, and minimize the stress that can often come with a lengthy courtroom battle. It can be better for your children as well — by working together with your spouse to part ways amicably, you can demonstrate positive role modeling, conserve financial resources, and minimize disruptions to your children’s routines.

Although it can offer a number of advantages, uncontested divorce isn’t right for every case. If your spouse isn’t willing to cooperate, refuses to settle, or there is a power imbalance, a contested divorce may be your only option. Filing for a contested divorce can ensure you have the legal protections you need if you suspect your spouse is concealing assets or domestic violence has been an issue in the marriage.

Contact an Experienced Divorce and Family Law Attorney

If you’d like to learn more about uncontested vs. contested divorce — and which type of divorce is best for your situation — a knowledgeable divorce and family law attorney can help. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys work closely with our clients and help ensure they understand their options. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (301) 658-7354 or contact us online.