Contested vs. Uncontested Divorce

Let’s go over the differences between a contested divorce and an uncontested divorce.

In Maryland, marriages can be ended through contested or uncontested divorces. Uncontested divorces require the least amount of work and legal involvement by divorce lawyers, but they are only appropriate for some cases. When you meet with a divorce lawyer in Baltimore about your divorce case, they will help you understand your rights and determine which type of divorce is right for you. Let’s go over the differences between these two types of cases.

What is a Contested Divorce?

When spouses cannot agree on issues in their divorce, the divorce is contested. It will go to court to be litigated. For a contested divorce, one person files a divorce petition with the courts, and serves the divorce papers to the other party. Typically, in a contested divorce, one party will accuse the other of committing an act considered grounds for divorce under Maryland law. In response, the other party must file a defense against those charges and can make counter-charges against the filing party. Contested divorce agreements are determined by a judge after lengthy negotiations and, if necessary, testimony by both parties. 

What is an Uncontested Divorce?

When spouses can successfully agree on all the issues, the divorce becomes uncontested. This is more beneficial to both spouses because uncontested divorces are processed faster, are much less complicated, and cost less than contested divorces.

An uncontested divorce allows you to control the things that are most important to you and will affect your future life. You and your spouse agree on the terms rather than giving a judge the decision-making power. 

Even if you and your spouse are very amicable and were able to agree, it is in your best interests to have your divorce attorney review the settlement to ensure your rights are protected, and you didn’t miss any issues. Once it is reviewed by your lawyers, you will have it signed and notarized.

What’s A Divorce Settlement?

A divorce settlement is when both parties settle or agree upon a contested divorce before reaching trial. This is the most frequent type of divorce. They are a bit more expensive as they take longer than an uncontested divorce, but these are better than going to trial. In court, the decisions are out of your hands, and if the court makes a ruling that one party does not like, it enters an appeal process, which takes even longer to finalize. When you settle, you agree to the divorce terms and thus cannot appeal it, thus ending the divorce proceedings.

The Right Divorce Lawyer Can Make All the Difference

Hiring a lawyer should be the first thing you do when encountering any legal matter, not a last resort. Whether you’re thinking about a separation or divorce or have been charged with a crime, been injured in an accident, or your civil rights have been violated, you need to first know your rights. Contact Mike Mastracci today at 614 Edmondson Ave Catonsville, MD 21228 (with satellite offices in Ocean City, Snow Hill, and Salisbury, Maryland), 410-869-3400, and check us out on Facebook.

This entry was posted on Friday, April 26th, 2024 at 10:39 am. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.