What is the difference between a contested and uncontested divorce?

A contested divorce is when the divorcing parties don’t agree on all aspects of the divorce, such as the division of assets, alimony, or child custody. Uncontested divorces are when the parties do agree on all aspects of the divorce. In North Carolina, a contested divorce must go through the court system. This means that each party has to file a petition for divorce and the court must hear both sides of the case. The court will then investigate the claims and assign a judge, who will decide the terms of the divorce. However, if the parties can reach a mutual agreement, they can avoid court by filing a Petition for Uncontested Divorce. This process requires both parties to sign an agreement and submit it to the court. The court will then review the agreement and sign off on it, granting the divorce. Another way to obtain an uncontested divorce is to attend mediation. In this scenario, the parties go to court but then a mediator helps them come to an agreement. The mediator remains neutral and helps the parties come to an agreement that is satisfactory to both of them. Once the agreement is reached, the court will sign off on it, granting the divorce. In conclusion, contested divorces require the court to quite literally hear both sides of the case, while uncontested divorces can be granted through mutual agreement or mediation. It’s important to understand the differences between these processes in order to make an informed decision about the divorce.

Related FAQs

What is a temporary restraining order?
Are there any grounds for an at-fault divorce?
How do I file for divorce?
How do I change my name after a divorce?
What is a marital settlement agreement?
How does a court determine child support payments?
What is a pendente lite order?
What is division of marital property?
What is a default divorce?
What are the different types of divorce?

What is the difference between a contested and uncontested divorce?

Related FAQs

Related Blog Posts