What is the difference between an uncontested and contested divorce?

An uncontested divorce is one in which both spouses agree on all the terms of the divorce, such as the division of assets, alimony, and child custody. This type of divorce can be settled quickly, usually within a few months, because the parties are in agreement. In a contested divorce, spouses can’t agree on all the terms of the divorce. The process is much more complicated and time consuming than an uncontested divorce due to the amount of negotiations necessary. One or both parties may hire attorneys to help navigate the process. Money and time are typically spent on filing motions, attending court hearings, or participating in mediation. In Massachusetts, a contested divorce requires at least a two-page, written agreement, signed by both parties, which outlines the details of the divorce. Additionally, each spouse must provide financial statements, including income, debts, and assets. The court may also require testimony and evidence from both spouses. If an agreement is not reached, the court will ultimately decide how to divide the assets and debts between the two spouses.

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