Uncontested versus contested divorce

Though couples may hope to make their marriages work, sometimes divorce is the best decision for all parties involved. Even so, the divorce process can be overwhelming.

Particularly in regard to an uncontested or contested divorce, there are a few key facts that parties should know.


An uncontested divorce is usually the quicker process of the two divorce types because both parties are on the same page. Along with being in agreement about the split itself, they also agree about the division of assets and any other terms of the divorce, including parenting time, child and spousal support, and anything else related to their marital assets. In such cases, the parties can work with their attorneys to draft an agreement to present to the court, and once the judge approves it, it becomes legally binding. This greatly limits the time in court, which helps reduce costs.


When parties disagree about terms of a divorce, it is a contested divorce. In such cases, the courts review all relevant evidence and make determinations about the separation and division of assets in accordance with New Hampshire's divorce laws. For those divorcing couples who are not on good terms, or when domestic violence is present, a contested divorce may be necessary.

However, there are some times when the parties can work out their differences and come to an agreement amongst themselves, even during the divorce proceedings. In such instances, the parties draft and present a settlement agreement to the court. Once approved, the agreement becomes legal.

This is a short summary of contested and uncontested divorces, but the processes have some complex aspects. It is important for those contemplating or undergoing divorce to take the time to understand what they may be facing. It can be quite beneficial to consult with a knowledgeable attorney to weigh the options and select the best course of action.

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