Contested vs. Uncontested Divorce | Magnuson Lowell Divorce Lawyer

Do You Need Advice About Contested and Uncontested Divorces?

When it comes to divorce, you may have heard the terms "contested" and "uncontested" before. But do you know what they mean? If not, you are not alone. There is often confusion around what it means for your divorce to be contested or uncontested.  Our uncontested divorce attorney can assist you!

 
At the Law Offices of Magnuson Lowell P.S. in Redmond, Washington and Duvall, Washington, we believe you should enter into a divorce knowing as much as possible about the process. Understanding the difference between contested and uncontested divorce can help you make informed decisions that support your goals.

What does uncontested mean in a divorce?

An uncontested divorce is divorce where both parties agree on all the terms of divorce, such as property, child custody, alimony, and any other interests.  An uncontested divorce is sometimes faster, easier, and cheaper than a contested divorce, since it may avoid the need for a trial or legal proceedings.  The process usually includes completing required paperwork and filing it with the court.  You may, or may not require an experienced divorce attorney for an uncontested divorce.  As you might have guessed by now, uncontested divorce occurs when both parties agree on every aspect of their divorce. Sometimes this is possible through mediation and other collaborative divorce processes, in which a third party helps both spouses work toward a final agreement that is fair and favorable.

The benefits of uncontested divorce are numerous:

• The process is shorter. It can be resolved as soon as you and your spouse reach an agreement.
• It is less expensive. Keeping your divorce out of court means no court fees.
• You decide the final settlement. You and your spouse know what you each need out of your divorce better than anyone else. Settling out of court ensures that you get resolutions on property division, support and child custody you both can live with.

What Is Contested Divorce?

A contested divorce is any divorce in which the parties do not agree on every single aspect of the split.  Even if you and your spouse disagree on only one thing, your divorce is considered contested.  When a divorce is contested, the court will determine the final outcome.

There are several differences between a contested divorce and an uncontested divorce besides the fact that there are one or more factors the divorcing spouses disagree on:

• It usually takes longer to resolve. When you are working around the court's schedule, hearings may not be scheduled as soon as you would like them to be.
• It is often more expensive. When your divorce goes to court, you have to pay court fees, adding to the cost of your divorce.
• You have less control over the outcome. Because the courts have final say over your divorce order, the outcome is in their hands, not yours.

What are the benefits of a contested divorce?

A contested divorce is when one or both parties don't agree on the terms of the divorce, when filing for divorce. A contested divorce may require an experienced divorce attorney, since it can be more complex and time consuming than an uncontested divorce. Some benefits of a contested divorce include:

• Ensuring a fair settlement - In a contested divorce, the court will make a final decision on all terms of the divorce, ensuring that both parties receive a fair and equitable settlement, when filed with the court.
• Protecting one's rights: In some cases, a contested divorce may be necessary to protect a party's rights and interests, such as in cases involving abuse or financial wrongdoing.
• Clarity on legal issues: A contested divorce can provide clarity on legal issues that may not have been addressed in an uncontested divorce, such as property division, spousal support or child custody.
• Resolving disputes: In a contested divorce, the court will resolve any disputes between the parties, providing a final resolution to the issues in question.

It is important to note that each divorce case is unique, and a contested divorce may not be the best option for everyone. Magnuson Lowell handles mediation, arbitration, and negotiation, and can help you do a lot of the work yourself, if your divorce is uncomplicated and uncontested. Ask about our low fees for specific types of services.

How much does an uncontested divorce cost in Washington state?

The cost of an uncontested divorce in Washington state can vary depending on several factors such as attorney fees, court costs, and filing fees. On average, an uncontested divorce in Washington state can cost in the low thousands. However, it is important to note that the cost of an uncontested divorce may be lower if both parties are able to agree on all the terms of the divorce.

How long does an uncontested divorce take in Washington State?

The length of time for an uncontested divorce to be finalized in Washington state can vary depending on several factors such as the court's workload and the speed with which the required paperwork is processed. Generally, an uncontested divorce in Washington state can take anywhere from several weeks to several months to be finalized, with the average time being approximately three to six months from the date the divorce papers are filed with the court. However, if there are any disputes or complications in the divorce process, it may take longer to resolve.

How We Can Help

At our firm, we take an honest and straightforward approach to resolving divorce. Our lawyers will take the time to walk you through your options and the possible results of each, so you can make an informed decision.

However, we will never force you down either path. If you want to fight for your ideal outcome, we won't hesitate to take your case to court. The same will be true if you choose to seek the guidance of a mediator for a more amicable divorce.

Learn More In A Free Consultation

At our firm, your first consultation is free. To schedule yours, please call us at 425-885-7500 or contact us via email.