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What it means when a divorce is uncontested

| Nov 11, 2020 | Child custody, Property division |

Divorce can be hard on parents and their kids. When one or both of the parties to a Michigan marriage decide that their marital relationship should end, it can be difficult to untie the many ways that their lives are connected. Because of this challenge, many individuals elect to work with family law and divorce attorneys to help them through their legal proceedings.

However, despite the relative normalcy of divorce in the United States, it is impossible to say that any two divorces will proceed down the same emotional, financial, or legal paths. In Michigan, divorces do not have to be based on fault to be filed, but the details of those divorces can vary greatly depending on the parties. One way that divorces can distinguish themselves is through whether they are contested or uncontested.

What is an uncontested divorce?

An uncontested divorce is not necessarily an easy divorce. Uncontested only means that the parties to the proceedings agree that their marriage should end. When a divorce is uncontested, the parties do not have outstanding disputes about money, custody, support, property, or other divorce-related matters.

Conversely, a contested divorce involves dispute between the parties. When parents cannot agree to parenting time or custodial terms, or when the parties cannot work out how they will divide up their shared assets, their divorce is considered contested.

Should individuals try to pursue uncontested divorces?

Uncontested divorces make sense for some individuals and not for others. If the parties to a divorce can truly find common ground on all of the legal and financial matters that will impact their divorce and post-divorce lives, then they may benefit from streamlining their divorce as an uncontested process. However, individuals should not concede their rights and needs to avoid conflict during their divorces. With the support of knowledgeable attorneys, divorcing parties can make strong cases for what they believe is right and fair. Divorce questions should be directed to Michigan-based attorneys as this post provides no legal advice.