You may have seen or heard the terms ‘contested’ and ‘uncontested’ divorce. What do they mean? What is the difference between a contested and uncontested divorce in Wisconsin? Here’s an explanation of these two types of divorce, along with the pro’s and con’s of both options.

Uncontested Divorce: Both Spouses Agree on the Terms.

In uncontested divorces, both spouses agree on all terms of their divorce. They write and present a final agreement to the court for the Judge to approve at a default divorce hearing. Usually, these agreements are approved, however in some cases they may not be. In the divorce mediation process, we help ensure all legal requirements are met to make sure your agreement is approved. The mediator, familiar with what a judge would or wouldn’t accept, can help address and incorporate unique situations in a way acceptable to the court.

What are the Pros & Cons of an Uncontested Divorce?

Uncontested divorces have many benefits thanks to their collaborative nature. Parties have more control over their agreement, which also means usually follow them once agreed on. They tend to foster a better, more cooperative relationship between the parties. Because of this lack of conflict, they take less time and cost less than most contested divorces.

However, if there is even one issue over which the parties disagree, they cannot proceed as ‘uncontested.” Therefore they can be difficult to achieve, especially in situations where one spouse has been hurt by the other. Even if there is an agreement, if one party changes their mind before signing the paperwork, nothing can be done. Thus, many divorces end up contested.

Contested Divorce: Spouses Disagree on the Terms.

In a contested divorce, the parties are unable to agree on one or more terms. In some situations, they disagree on all issues, leaving much of their fate for the Court to decide. Common disputed issues include child custody, placement and support, contribution towards college expenses, health insurance, maintenance, division of property and debt, taxes, and more. When children are involved, a Guardian ad Litem (G.A.L.) is often appointed to represent the interests of the child. They provide a third-party recommendation as to custody/placement of the children.

What are the Pros & Cons of a Contested Divorce?

On the one hand, with uncooperative or outright hostile spouses, having a judge review the facts and decided how to proceed may benefit you overall. It also ensure your cases moves forward as it involves more scheduling deadlines for submitting information and hearings. This can prevent your spouse from dragging out the process in negotiations or discussions.

However, negatives abound in contested divorces. These are the longest and most costly type of divorce, thanks to the conflict-driven process. Losing control over the final outcome can be emotionally difficult for many people. As a result, people are less likely to follow final agreements that result from a Court order. It also can negatively impact the relationship between parents, making it harder to co-parent effectively in the future.

What is the Difference Between a Contested and Uncontested Divorce in Wisconsin?

Want to avoid the negatives of a contested divorce? Divorce mediation can provide a way to reach an agreement for an uncontested divorce without the need for expensive lawyers and hearings. You get to control the final agreement, with a third-party there to help guide you along. Click here to learn more about the benefits of divorce mediation. Click here for more info on contested and uncontested divorces.