If you are going through a contentious divorce, this may not be good news for you, but it is a fact that the process usually takes longer when it is contested. There are fewer court appearances and no need for litigation concerning asset division, spousal support, and minor child care when parties are able to reach an agreement on the important issues. You can anticipate that disagreements in all of these areas will prolong the procedures because differences in any one of these areas will undoubtedly lengthen a divorce case.

It is impossible to predict how long a contested divorce will take from beginning to end, except that it will take a lot longer.

Divorce is often a difficult and emotionally taxing process that is made more difficult by a number of personal and legal issues. The contentiousness of the divorce is a crucial factor that greatly influences how long it takes to finalize. Knowing the distinctions between these two kinds of divorces helps people estimate the time and work needed to complete their separation.

Understanding Uncontested vs. Contested Divorce

Uncontested divorce

When a divorce is uncontested, all significant issues are agreed upon by the parties, including the division of assets, spousal support, child custody, and support. The process is usually quicker and more seamless because of mutual agreement. Often, uncontested divorces include Simplified documentation, fewer appearances in court, and reduced financial and emotional stress.

The first step in an uncontested divorce is to file a petition, which is then reviewed and, if all the paperwork is in order, approved rather quickly. This may require many weeks to several months. There is little to no discovery phase—if any—because both sides are in agreement. The main goal of the negotiations is to draft a settlement agreement. The judge usually analyzes the settlement agreement and completes the divorce in a single hearing. This could occur in a few months. The divorce procedure can be greatly extended by postponing trials because of backlogs in the judicial system, clever legal tactics, or private matters.

Contested divorce

The parties are unable to come to a consensus on one or more important issues in a contested divorce. Legal action is required in many situations, which may entail protracted talks, court appearances, and even a trial. Complicated legal processes are usually involved in contested divorces, such as several court appearances and increased financial and emotional strain.

Filing is only step one in a contentious divorce. If one party objects to the terms, the court sets up further hearings to settle the disagreements, thereby delaying this stage for several months. Depositions, specialist asset appraisals, and the exchange of financial data are all part of the sometimes drawn-out discovery and bargaining phase. Long negotiations may result, particularly if neither side is prepared to make concessions.

In a contested divorce, multiple hearings are frequently essential to settle contentious matters. This phase may take up to a year or longer, depending on the court’s schedule, the intricacy of the case, and the availability of both parties.

The judge’s ruling may require more time after the trial, particularly if there are any appeals or post-trial motions. The process may take several more months after this last stage.

Factors Influencing the Duration

Several factors can influence the length of both uncontested and contested divorces:

  • Complexity of Assets: High-value assets, businesses, or intricate financial portfolios can complicate negotiations and prolong both contested and uncontested divorces.
  • Children: Custody battles, child support issues, and visitation rights are often contentious, extending the duration of contested divorces.
  • Cooperation Level: Willingness to negotiate and compromise plays a crucial role. In uncontested cases, cooperation speeds up the process. In contested cases, a lack of collaboration can lead to prolonged litigation.
  • Legal Representation: Skilled Divorce Lawyers In Charleston can streamline the process, while inexperienced or overly aggressive lawyers might prolong it.

Conclusion

The goal of both disputed and uncontested divorces is to end a marriage, but they do so in very different ways. Because of shared agreements and simplified legal processes, uncontested divorces are typically quicker and less unpleasant. Contrarily disputed divorces, which are motivated by disagreements that call for court intervention and maybe a trial, can last far longer.

People can manage the divorce process more skillfully by being aware of these distinctions and making the necessary preparations, which will reduce stress and facilitate a more seamless transition to the next phase of their lives.