Contested vs. Uncontested Divorce

Filing for divorce is rarely an easy decision. But sometimes it’s the right one. If you’re considering or preparing for divorce in Michigan, you should understand the difference between a contested and uncontested divorce. To learn more about the distinctions between these two types of divorce, don’t hesitate to contact Alward Fisher for a free consultation with a divorce attorney in Michigan. 

What Is the Difference Between a Contested and Uncontested Divorce?

There are many decisions that need to be made during divorce proceedings. Whether or not the couple agrees on these decisions determines the kind of divorce. These two main types of divorce proceedings are: 

• Uncontested — In an uncontested divorce, both spouses agree about the divorce and its relevant issues, such as property division, alimony payments, child custody, and child support. When divorcing couples agree on these key factors, there is less to argue about. This makes the process smoother and less expensive.
• Contested — If the spouses disagree that the divorce should occur or on specific factors, it’s a contested divorce. Common reasons for contested divorces include disputes over who will take certain property and who will care for any children. When divorcing partners cannot see eye to eye on these issues, they are more likely to spend substantial time and money hashing things out at the negotiating table or in court.

Steps Involved in a Contested or Uncontested Divorce

Whether contested or uncontested, divorces in Michigan follow the same general steps. Specifically, you will need to:

• Meet state residency requirements – Michigan requires you or your spouse to have lived in the state for at least 180 days before filing for divorce. 
  
• Determine your grounds for divorce – Michigan allows for no-fault divorces, meaning you only need to show that an irretrievable breakdown of the marriage has occurred.
  
• File your divorce paperwork in court – If your divorce is uncontested, you can file jointly and simply ask the court for approval. If your divorce is contested, you might need to file a Complaint and “serve” the paperwork to your spouse.
  
• Attend a hearing for a final divorce order – You must attend a court hearing to obtain your final divorce decree, whether or not your divorce is contested.

Should I Retain a Lawyer During a Contested Divorce?

You might be able to get through an uncontested divorce on your own. But if your spouse refuses to budge on important issues like alimony or custody, you should talk to a family lawyer immediately. The long-term implications of an unfavorable divorce agreement could affect your life for years to come. It’s important to get things right on the first try. You need a knowledgeable representative to protect your best interests and negotiate aggressively on your behalf. 

Contact the Michigan Divorce Lawyers at Alward Fisher

Going through a divorce is hard. Finding the right divorce lawyer doesn’t have to be. When you work with the Michigan divorce attorneys at Alward Fisher, you can count on us to provide the intelligent and compassionate support you deserve. Contact us today to discuss the details of your situation in a free initial consultation session.