Unlike what many movies and television shows portray, divorce doesn’t have to be a “win-at-all-costs” battle. An uncontested divorce can allow you and your spouse to part ways amicably, efficiently, and cost-effectively without lengthy litigation. If you are considering dissolving your marriage, it’s important to understand the difference between an uncontested vs. contested divorce in Michigan and which course of action is best for you.

Key Takeaways

What’s the Difference Between an Uncontested vs. Contested Divorce?

A divorce action can proceed in two ways: the case can be contested or uncontested. A contested divorce is one in which spouses do not agree on one or more of the key issues that need to be determined before the divorce can be finalized. These matters typically move through the litigation process and require discovery, court conferences, motion practice, multiple hearings, and potentially a trial where a judge will determine the outcome of the issues that could not be settled.

The issues that must be determined before a divorce decree can be issued include the following:

• Spousal support
• Property and debt division
• Child custody
• Child support

In contrast with a contested divorce, in an uncontested divorce, there are no major issues in dispute. When a case is filed uncontested, spouses generally do not need to show up in court numerous times and may only need to appear before the judge for a final hearing. A divorce can also be uncontested if the respondent spouse fails to appear in the action after being properly served.

What are the Advantages of an Uncontested Divorce?

There are significant benefits to proceeding with an uncontested vs. contested divorce. Notably, it allows spouses to reach an outcome tailored to the needs of their family, rather than let a judge decide the issues that will impact them for years to come. This can often lead to greater satisfaction in the results of the case, and make it less likely that either spouse will later challenge them in court.

Some of the other major advantages of an uncontested divorce vs. contested divorce include the following:

• Reduced conflict: Since it avoids a lengthy and costly battle in the courtroom and requires cooperation between spouses, an uncontested divorce can reduce the conflict that is often inherent in divorce. This can also help preserve amicability between spouses, which is essential for a positive co-parenting relationship.
• Faster finalization: While spouses agree on the issues that must be decided, an uncontested divorce avoids prolonged litigation.
• Cost-effective: An uncontested divorce can keep court costs and attorney fees at a minimum, making it a more cost-effective option for spouses to part ways.
• Less stress: Because an uncontested vs. contested divorce doesn’t involve a courtroom battle, reduces financial strain, and there is no need for adversarial hearings, this process is much less stressful than a contested divorce.
• Greater privacy: The settlement process of an uncontested divorce takes place outside the courtroom and nothing that is said in negotiations becomes part of the public record. This can help ensure greater privacy by ensuring the details of your marriage and finances remain confidential.

While an uncontested divorce is advantageous in most situations, it may not be the best way to proceed if there is an imbalance of power, domestic violence is at issue in the case, or a spouse is concealing assets. In such cases, the litigation process can offer the victim spouse a variety of tools to ensure they receive the legal protection they need.

Using Alternative Dispute Resolution in an Uncontested Divorce

Alternative dispute resolution methods such as mediation and the collaborative process can help spouses resolve the issues that must be dealt with in their cases without going to court. Even if your divorce begins as a contested matter, these methods can be used to resolve the issues in dispute and ultimately, move your case to the uncontested track.

In mediation, a third party helps spouses communicate their needs and encourages them to reach an agreement. The mediator does not make decisions as a judge would, but rather, they assist spouses with identifying creative solutions that might not be available in the courtroom. The collaborative process uses a team of professionals who are assembled based on the issues in the case to help spouses make informed decisions about financial matters, child custody, and property division. Significantly, even if you are using alternative dispute resolution to divorce, it’s vital to have the representation of a skilled attorney who can safeguard your interests throughout the process.

Contact an Experienced Michigan Divorce Attorney

If you are wondering whether an uncontested vs. contested divorce is right for you, a knowledgeable divorce attorney can best advise you and protect your legal rights every step of the way. Based in Howell, Michigan, Bergmans Law P.C. handles a wide range of divorce matters throughout Livingston, Genesee, Ingham, and Washtenaw Counties and surrounding areas. Providing compassionate counsel and trusted representation, Henry Bergmans is committed to helping clients resolve the issues in their divorce cases amicably and respectfully. Please reach out to learn more about the firm’s divorce services through the online contact form or by calling 810-360-0900.