A contested divorce sometimes has to go through litigation. Some couples do try mediation or alternative divorce resolution tactics, but it may be necessary for the couple to go before a judge, and then the judge will issue a divorce ruling.
Some people make the mistake of believing that this means a contested divorce is in question, as if the judge may not grant the divorce. But this is not actually what is being contested during the case. Instead, this happens when a couple cannot agree on the terms. The divorce is going to happen, but the court can help them address things like child custody issues or marital property division.
An uncontested divorce
On the other hand, an uncontested divorce is one where the couple already agrees on the terms. For instance, they may have agreed on how they are going to split up their financial resources or what they are going to do with the family home as their marriage ends. They may have a tentative child custody schedule in place.
These types of amicable divorces are often faster than a contested divorce. There are still legal steps to take and paperwork that needs to be filed by specific deadlines. But if the couple can agree on the terms, it saves a significant amount of time because they do not have to present their case to a judge, who then analyzes the details and issues a corresponding court order.
Your legal options
Whether you are going through a contested or uncontested divorce, it is very important that you understand all of your legal rights and the options you have as this process moves forward.