Q: What’s the difference between uncontested and contested divorces?

Uncontested divorce You and your spouse agree on all the terms of your divorce: property, childcare, assets and more. This is a much more straightforward process. Uncontested divorces often bypass court all together. Your settlement and final divorce will need to be approved by a judge, but that’s usually a relatively quick process. Once the judge approves it, all you have to do is wait until the state-mandated time period has passed and your divorce will be final. Though it’s never easy, an uncontested divorce is simpler, saving you considerable time, money and aggravation. Contested divorce You and your spouse don’t agree on major issues and rely on the court to determine the final outcome. This is what people traditionally think of when they think of a divorce—a couple on opposite sides of a court case with a judge deciding who gets what and how. Surprisingly, only a small fraction of contested cases end up in a formal court trial. Judges often encourage spouses to settle out of court, which can ultimately save time, money and a lot of headaches.

Q: What’s the difference between divorce and legal separation?

The biggest difference is that divorce officially ends or dissolves a marriage . After getting divorced, you can legally remarry. Legal separation doesn’t officially end or dissolve a marriage . After getting legally separated, you can’t legally remarry or be part of a domestic partnership.

Q: Am I entitled to spousal support?

This depends on who earns more, also known as the primary earner. If you’re the primary earner or are in the position to support your former spouse, you may be required to pay spousal support. If your spouse is the primary earner or is in the position to support you financially, you may be entitled to spousal support. Keep in mind, in an uncontested divorce, you may be able to make your own agreement with your former spouse.

Question 1

What do family lawyers help with?

Accepted Answer

Uncontested and contested divorce
Child custody and visitation
Child and spousal support
Domestic violence restraining orders
Guardianship and adoption
Prenuptial agreements

Question 2

What’s the difference between uncontested and contested divorces?

Accepted Answer

Uncontested divorce
You and your spouse agree on all the terms of your divorce: property, childcare, assets and more.

This is a much more straightforward process. Uncontested divorces often bypass court all together. Your settlement and final divorce will need to be approved by a judge, but that’s usually a relatively quick process. Once the judge approves it, all you have to do is wait until the state-mandated time period has passed and your divorce will be final.

Though it’s never easy, an uncontested divorce is simpler, saving you considerable time, money and aggravation.

Contested divorce
You and your spouse don’t agree on major issues and rely on the court to determine the final outcome. This is what people traditionally think of when they think of a divorce—a couple on opposite sides of a court case with a judge deciding who gets what and how.

Surprisingly, only a small fraction of contested cases end up in a formal court trial. Judges often encourage spouses to settle out of court, which can ultimately save time, money and a lot of headaches.

Question 3

What’s the difference between divorce and legal separation?

Accepted Answer

The biggest difference is that divorce officially ends or dissolves a marriage.
After getting divorced, you can legally remarry.

Legal separation doesn’t officially end or dissolve a marriage.
After getting legally separated, you can’t legally remarry or be part of a domestic partnership.

Question 4

What’s right for me: legal separation or divorce?

Accepted Answer

This is a very personal decision. You may choose legal separation over divorce because of religious beliefs or an aversion to divorce. Another reason you may choose legal separation is if you want to continue sharing health insurance with your spouse.

Question 5

Am I entitled to spousal support?

Accepted Answer

This depends on who earns more, also known as the primary earner.

If you’re the primary earner or are in the position to support your former spouse, you may be required to pay spousal support.

If your spouse is the primary earner or is in the position to support you financially, you may be entitled to spousal support.

Keep in mind, in an uncontested divorce, you may be able to make your own agreement with your former spouse.

Question 6

What’s the difference between legal and physical child custody?

Accepted Answer

In a child custody case, the judge can either grant legal custody, physical custody or a combination of the two.

Physical custody: Where and with whom the child will stay or live.

Legal custody: Who gets to make important decisions about the child’s welfare (e.g. on education, religion, medical care).

In both cases, the court can grant sole custody to one parent or joint custody to both parents.

Family Law

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