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The Difference Between Contested & Uncontested Divorce?

On Behalf of | Nov 8, 2023 | Divorce Lawyer

If you’re considering a divorce, you’ve likely encountered the terms “contested” and “uncontested” divorce. Understanding the differences between the two can help you navigate your divorce case. A skilled divorce lawyer in West Chester, PA, can provide the guidance you need through each stage of the process.

 

What is a Contested Divorce?

In a contested divorce, you and your spouse are unable to agree on one or more key issues such as child custody, alimony, child support, or property division. The process involves several steps, including:

  • Filing a divorce complaint and serving it on your spouse
  • Responding to any counterclaims
  • Engaging in discovery
  • Attending pre-trial conferences and hearings
  • Going to trial, where a judge will make decisions on contested matters

Contested divorces can take over a year, depending on the complexity of your divorce case and the level of conflict. They can also be more expensive and emotionally taxing, as you navigate the uncertainty and stress of a courtroom battle.

 

What is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all divorce terms, including child custody, alimony, and property division. This typically involves:

  • Meeting Pennsylvania’s six-month residency requirement
  • Choosing a no-fault ground for divorce, such as mutual consent or irretrievable breakdown
  • Negotiating a marital settlement agreement
  • Filing the divorce papers and settlement agreement with the court
  • Signing an affidavit of consent
  • Requesting a final divorce decree

Uncontested divorces are often faster and less expensive, sometimes taking as little as four months to finalize. However, even in an uncontested divorce, it’s essential to have a divorce attorney to ensure your rights are protected. A divorce can quickly become contested, and having a legal advocate familiar with your case can be invaluable if the situation changes.

 

Let an Experienced Divorce Lawyer in West Chester, PA Guide You

Whether you’re facing a contested or uncontested divorce, having an experienced divorce lawyer on your side can make all the difference. Berman Voss is ready to assist you throughout every stage of your divorce case. Contact us today to schedule a consultation and learn how we can help.

 

Disclosure:

This website offers general information and is not intended as formal legal advice. Do not rely on this general information for making legal decisions. Each legal situation is unique and requires personalized attention from a qualified attorney. We are not your legal representatives unless a formal representation agreement has been signed with the Law Offices of Berman Voss.

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