Why Contested Divorce is Secretly Better than Uncontested Divorce

Posted by on Jun 10, 2017 in Family

Uncontested divorce has its obvious advantages over contested divorce. First, uncontested divorce has no issues when it comes to agreements, so the process is much faster. Second, the less argumentative process reduces the hard feelings between the spouses. Third, the children are also less active and involved in the divorce process, so they are generally unaffected.

For these reasons, a lot of couples settle for uncontested divorce. But do you know that, in its own ways, contested divorce is actually better?

A contested divorce occurs when the spouses involved have disagreements in the terms of the separation. According to the website of Marshall & Taylor, P.C., the most common issues include child support, custody, and visitation, spousal support, and division of assets and debts.

When you look at it plainly, a contested divorce is disadvantageous because of its argumentative nature. There will be more emotion involved. The process will be a lot longer, because you and your partner will have to come up with a compromise, and therefore the legal expenses are also higher compared to an uncontested divorce. But when you look at it deeply, it is secretly better than uncontested divorce.

You get to speak

The adversarial nature of contested divorce can be considered as an advantage. First, it means that you disagree with a legal aspect because something is wrong. Second, it means that you step up to tell the court that something is wrong and needs to be corrected.

In a contested divorce, you will have the platform to speak up, and you cannot say the same thing for uncontested divorce.

You avoid bias

In whatever kind of divorce, the spouses involved will always have his or her own interests in mind. That’s where contested divorce comes in, when you think that your ex-partner has too much or you have too little.

In a contested divorce, you are speaking up to make a compromise, to come up with legal decisions that put the interest of both you and your ex-partner into consideration. Sometimes, you cannot say the same for uncontested divorce, where a spouse may give in to bias just to get the process over with.

You get what you deserve

Getting what you rightfully deserve is important, because certain aspects of a divorce may have significant impacts in your life, especially in terms of finance and relationship with your children.

Because you speak up and avoid bias, it is likely that you will get what you deserve in a contested divorce. A relatively passive process like an uncontested divorce may have biases and the ability to block your voice, putting you in a position where you might not get what is truly yours.

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