Contested vs. Uncontested Divorce: Pros and Cons
Do you want to know the difference between a contested and an uncontested divorce and what the pros and cons are between the two? My name is Carl Birkhead. I’m an attorney with Wirth Law Office in Tulsa, Oklahoma. I want to take a couple of minutes to help you make law easy and just describe the difference between a contested divorce versus an uncontested divorce and maybe just a couple of tidbits about one versus the other.
It sounds self-explanatory. A contested divorce means we’re fighting. Uncontested means we’re not. It does make a difference in your lives, though. For starters, there’s a waiting period between the time that a divorce is filed and the time that a divorce can be granted. If you have children together, you have to wait 90 days from the time that the divorce is filed till the time that it can be granted, during which time there are educational requirements you have to meet, and there’s a parenting class you have to take.
Benefits of an Uncontested Divorce
Here in Tulsa, there are one or two hearings that you have to attend. That 90 days gives you the time to do all of that, but once that period is up, if everyone’s holding hands and singing kumbaya, we enter an agreed decree, the divorce is granted, everyone shakes hands, and it goes about their business. Same if you don’t have children. The waiting period is only 10 days at that point.
You file the divorce. You’ve got to wait 10 days. During that time, your lawyer can use that time to get the divorce decree together, make sure that the property and debt division is appropriate, and make sure that both sides are okay with it. Again, as soon as that 10 days is up, you get to sign the paperwork, get it to the judge, get it signed, shake hands, part ways as friends, and you never see each other again.
Consider the Time and Cost of Contested Divorce
If it’s a contested matter, who knows how long it’s going to take? I’ve seen divorces last as little as 10 to 90 days. I’ve seen divorces last five years plus. I’ve been practicing law for seven years. There are divorce cases that were filed when I started practicing that are still being litigated right now.
The more you fight, the more issues it creates that have to be resolved, and the more issues that have to be resolved, the longer it’s going to take to get the entire case done. I’m not saying that you shouldn’t fight. I’m not saying that you shouldn’t go out there and fight the good fight and wage the battle. You should never let yourself be taken advantage of just for the sake of getting something over with.
Take the First Step Towards Peaceful Resolution
I am saying though, that this is coming from an attorney who practices divorce law for a living, but also I’m divorced myself. Peace is priceless. So absolutely, negotiate and settle where you can. It will make things easier. It’ll make the time constraints easier. It’ll give your life a lot more peace because you won’t have to go to court and you won’t have that hanging over your head. My name is Carl Birkhead. If you want to talk about a contested or uncontested divorce, we can discuss the facts of your case and determine which route we need to go.
Just please feel free to reach out and let us help you to make law easy. Thank you. To schedule a low-cost initial strategy session, please contact 918-879-1681.
