Uncontested Vs. Contested Divorce: What's the Difference?

by Jesse McComb

What's the difference between an uncontested and contested divorce?

Every divorce proceeds differently. Some proceed with little or no dispute between the parties. Some proceed with a great deal of issues in dispute that can end up being resolved in a trial.

An uncontested divorce is when the parties (that's you and your partner) agree on ALL the terms of your divorce. In this case no issues are in dispute.

A contested divorce is when there are issues not yet agreed upon. Even if only 1 issue is not agreed upon, it's a contested divorce. It's this type of divorce that can end up in a trial (although it could resolve before a trial).

Does it matter whether a divorce is uncontested or contested?

Yes, in the sense it largely dictates how your divorce will proceed.

If you and your partner agree on all the terms, then you can do what is called a desk order divorce. A desk order divorce is simply filing the necessary paperwork for a divorce with the Court and waiting the specified duration, which is 1 year in BC from the date of living separate and apart. Although you can't get your divorce order until you've lived separate and apart for 1 year, you can file all the necessary paperwork before-hand.

If you and your partner do NOT agree on all the terms, then you'll have to pursue negotiations, mediation, or trial.

Naturally a contested divorce will be more costly with respect to legal fees because there is much more involvement with your lawyer.

From contested to uncontested

Many divorce proceedings move from a contested situation to an uncontested situation. This occurs through negotiations and/or mediation. In fact, hiring a family law lawyer is largely hiring an experienced advocate to negotiate with your partner (or partner's lawyer) in order to come to full agreement on all the issues.

Therefore, if your divorce is presently contested, there's no reason it has to go to trial. There is opportunity to turn your contested divorce into an uncontested divorce with experience divorce lawyers on your side. That said, sometimes full agreement simply does not materialize meaning your divorce outcome must be determined by a Court.

Do you need a lawyer if your divorce is uncontested?

It's a good idea to at the very least consult a lawyer to review the terms to which you've agreed. Many divorce lawyers will meet with you for a consultation to review any agreement you've entered into. Such review can be helpful and provide you peace of mind about the terms to which you've agreed.

Next, learn about <a href="http://www.bcfamilylawlawyer.com/family-law-services/bc-separation-agreements">BC separation agreements</a> or <a href="http://www.bcfamilylawlawyer.com/family-law-services/bc-prenuptial-agreements">BC prenuptial agreements</a>.

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