An uncontested divorce is one in which spouses agree on all the major issues that need to be determined in order for a judge to sign the final decree. An uncontested divorce vs. a contested divorce can help you save time and money that would otherwise be spent on litigation. It can also reduce the stress associated with parting ways with your spouse and streamline the legal process. However, you may be wondering what happens if you and your spouse begin to disagree on the issues you thought you had resolved before the final judgment is rendered.
If your divorce was filed as uncontested and disputes arise during the proceedings, you may still have options available to keep your case out of court. There are several methods of alternative dispute resolution that can help you reach a settlement, rather than resort to the contested track.
An uncontested divorce is contingent upon both spouses agreeing on all the issues that must be determined. An uncontested matter can become contested at any point before the judge issues the final decree. If spouses thought they had reached an agreement but communications break down or one spouse disagrees on the terms of the settlement after it has been drafted, alternative dispute resolution or court intervention may be necessary to resolve the disputes.
Common issues that may trigger disagreements in an uncontested case can include those involving:
A spouse may reconsider the agreement if their financial circumstances evolve after initial settlement negotiations, or if they are having second thoughts due to emotional shifts. Regardless of the reason, if one spouse refuses to sign the settlement agreement, the divorce can become adversarial. Spouses must either then resolve their disagreements, or the case will need to move to the contested track.
If your divorce was filed as an uncontested matter and disputes later arise, there are several methods that can be used to resolve the issues in the case before it becomes fully contested. Even when spouses begin the divorce process in full agreement, new concerns can come up that need to be addressed or differing interpretations of the settlement terms can create conflict that prevent the case from moving forward. The following methods can help resolve disputes in a divorce case efficiently and without the need for litigation:
Rather than proceed to litigation if disputes arise in an uncontested divorce, mediation can allow you and your spouse to discuss your concerns openly and honestly without escalating conflict. The process uses a neutral third party who facilitates healthy communication and helps spouses with exploring creative solutions. Mediation can be especially helpful when spouses agree on most issues but may need assistance with resolving a few points, especially those that result from emotional stress or misunderstandings.
The collaborative process is an alternative dispute resolution method that can resolve disagreements in an uncontested divorce, helping spouses avoid litigation while they work through their conflict. It uses a team of professionals who can help ensure spouses make informed decisions regarding the issues that need to be decided. The framework allows couples to focus on planning for the future instead of assigning blame for things that happened in the past. After the settlement agreement has been drafted and submitted to the judge, the case can finish on the uncontested track.
Direct negotiations between the attorneys for each spouse is one of the fastest and most efficient ways to resolve disputes that may arise in a divorce that is otherwise uncontested. While disputes in an uncontested divorce often stem from varying interpretations of settlement provisions, the attorneys in the case can easily clarify the language and ensure the document reflects the mutual intent of the parties.
If you’re considering whether an contested vs. uncontested divorce is best for your situation, it’s essential to consult with a knowledgeable family law attorney who can evaluate your case. If it becomes clear that your case cannot move forward despite attempts at mediation or another form of alternative dispute resolution, judicial intervention may be required to resolve the outstanding issues.
However, if you and your spouse can work together and are committed to resolving your case outside of court, litigation is typically not necessary. The level of conflict, complexity of financial issues, and whether spouses can compromise are all factors that should be taken into consideration when determining whether remaining on the uncontested track is a realistic option. It’s also crucial to evaluate the practical impact of shifting to a contested divorce since it can involve numerous court hearings, longer timelines, and significantly higher legal expenses. These factors can often weigh heavily in favor of continuing settlement efforts whenever possible.
Similarly, even if your divorce started as a contested matter, it does not have to end that way. A settlement can be reached at any time during the divorce process, allowing your case to move to the uncontested track for a more efficient and cost-effective resolution.
If you would like to learn more about contested vs. uncontested divorce, and which approach is best for your case, a skilled attorney can best advise you. Based in Howell, Michigan, Bergmans Law P.C. handles a wide range of matrimonial matters throughout Livingston, Genesee, Ingham, and Washtenaw Counties and surrounding areas. Providing compassionate counsel and reliable representation, Henry Bergmans is dedicated 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 810-360-0090.
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