Contested vs. Uncontested Divorce: What You Need to Know
Divorce is often a challenging process, but understanding the differences between contested and uncontested divorce can help you make informed choices. At Bannister Wyatt & Stalvey, we’re here to guide you through both types of divorce and help you determine the best approach for your unique situation.
What is an Uncontested Divorce?
An uncontested divorce happens when both spouses agree on all issues related to ending their marriage, such as:
- Division of property and debts
- Child custody and visitation
- Child support
- Alimony (spousal support)
- Restraining orders
- Attorney fees and costs
With no disputes, uncontested divorces are usually faster, less expensive, and less stressful than contested ones. Couples who reach an agreement often proceed with a “no-fault” divorce. In South Carolina, this requires living separately for at least one year.
Benefits of an Uncontested Divorce
- Cost-Effective: Fewer court appearances and reduced legal fees make it an economical option.
- Faster Resolution: Less court time often means a quicker process.
- Less Stress: The collaborative approach reduces emotional strain for spouses and children.
- More Control: Both spouses can decide the terms instead of leaving decisions to the court.
What is a Contested Divorce?
A contested divorce occurs when spouses cannot agree on important issues, like:
- Division of marital assets and debts
- Child custody and visitation
- Child support and alimony
- Who will stay in the family home
In a contested divorce, the court may need to step in to resolve disputes. This process often involves discovery, mediation, and possibly a trial where both spouses present evidence, and a judge makes the final decisions.
Challenges of a Contested Divorce
- Higher Costs: More legal work and court involvement increase expenses, especially if the case goes to trial.
- Longer Process: Due to negotiations, hearings, and trial preparations, a contested divorce can take months or even years.
- Emotional Strain: The adversarial process can take an emotional toll on everyone involved, especially children.
- Uncertainty of Outcome: The court makes the final decision, which may lead to outcomes that neither spouse is entirely happy with.
Choosing Between Contested and Uncontested Divorce
Choosing between a contested or uncontested divorce depends on your relationship with your spouse and your situation. If you can reach an agreement on major issues, an uncontested divorce is more cost-effective and efficient. However, if there are significant disagreements or concerns about fairness or safety, a contested divorce may be necessary to protect your rights and ensure a just outcome. Complex financial issues or custody disputes make having an experienced attorney especially critical.
How Bannister Wyatt & Stalvey Can Help
At Bannister Wyatt & Stalvey, we understand that each divorce is unique. Our experienced family law attorneys are here to support you through every step, whether it’s a contested or uncontested divorce. We can help you:
- Assess your situation and explore legal options
- Negotiate fair agreements in an uncontested divorce
- Advocate for your rights in a contested divorce
With us by your side, you’ll have the legal support needed to protect your interests and move forward.
Conclusion
Divorce is never easy, but with the right guidance, you can reach a resolution that works for you and your family. Whether you’re pursuing an uncontested or contested divorce, the attorneys at Bannister Wyatt & Stalvey are here to help. Contact us today at (864) 298-0084 or visit bannisterwyatt.com to schedule a consultation.