Posted March 10, 2012 by Jesse McComb in Marriage

2 Different Types of Divorce

Are you getting divorced?

If you are getting a divorce, keep in mind that how your divorce proceeds can vary significantly. Sometimes they go on a long time; other times they resolve quickly. Before I go on, it’s important to talk to a family lawyer if you have a family law matter.

The divorce process can vary, especially when it’s contested. When contested, the number of steps involved may be extensive and take years.

What is an uncontested divorce? It’s when you and your spouse agree on all the terms of your divorce.

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, it matters. Given the fact that there are significant differences in how your divorce will proceed.

An uncontested divorce goes smoothly as long as the paperwork is in order. Obtaining an uncontested divorce is purely a matter of completing and filing the necessary paperwork with the Court.

In a contested divorce situation, which is when there isn’t full agreement on all the terms, the steps involved increase and can include negotiations, mediation and even trial.

The big downside to a contested divorce is the legal fees can escalate quite high. However, the fees may be warranted in order to protect your rights and/or obligations.

From contested to uncontested

It’s common, after hiring a divorce lawyer, to negotiate a resolution or come to agreement at a mediation. When this happens it’s a situation of moving from a contested divorce to an uncontested divorce.

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. It helps to get professional legal advice before signing anything pertaining to your divorce … even if it’s only for a consultation.

Click here to find out about signing a BC separation agreement and click here to learn about hiring a BC family lawyer.

Jesse McComb