Understanding Your Divorce Options

Going through a divorce can be an emotionally and financially draining experience. Whether you and your spouse can reach an agreement or need the court's intervention, choosing the right type of divorce is crucial. In Michigan, divorces typically fall into two categories: contested and uncontested. Understanding the key differences can help you determine the best path forward.

What is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all aspects of the separation, including property division, child custody, child support, and spousal support. Since there are no disputes requiring court intervention, the process is typically quicker, less expensive, and less stressful.

Benefits of an Uncontested Divorce

Lower Costs – Without prolonged legal battles, attorney fees and court costs are minimal.
Faster Resolution – Uncontested divorces are usually finalized within a few months.
Less Stressful – Since both parties agree, there’s less conflict and emotional strain.
More Control – You and your spouse make the decisions rather than a judge.

When is an Uncontested Divorce a Good Option?

An uncontested divorce may be the best choice if:

Both spouses are on amicable terms and can communicate effectively.
There are no significant disputes over child custody or asset division.
You want to keep legal costs and court involvement to a minimum.
You’re willing to compromise and negotiate in good faith.

What is a Contested Divorce?

A contested divorce occurs when spouses cannot agree on one or more key issues, requiring the court to intervene. Disagreements often arise over matters such as child custody, division of property, alimony, and financial responsibilities.

Common Reasons for Contested Divorces

Disputes over child custody and parenting time
Division of assets, including property, businesses, and retirement accounts
Alimony or spousal support disagreements
Allegations of misconduct, such as infidelity or financial mismanagement

Challenges of a Contested Divorce

Higher Costs – Attorney fees, court filings, and expert witnesses can add up.
Longer Process – Contested divorces can take months or even years to resolve.
Emotional Toll – Increased stress, tension, and conflict can impact both spouses and children.
Less Control – A judge makes the final decision, which may not align with your wishes.

How to Decide Which Type of Divorce is Right for You

When deciding between a contested or uncontested divorce, consider the following factors:

1. Communication with Your Spouse

If you and your spouse can discuss issues openly and compromise, an uncontested divorce may work.
If communication is difficult or hostile, a contested divorce may be necessary.

2. Complexity of Assets and Finances

If you have shared businesses, significant assets, or high-value property, dividing these fairly can be complex.
If you both agree on how to split finances, an uncontested divorce is more feasible.

3. Child Custody and Support Issues

If both parents agree on custody arrangements, an uncontested divorce is smoother.
If disputes arise over custody, support, or visitation, a contested divorce may be inevitable.

4. Willingness to Compromise

A successful uncontested divorce requires both parties to negotiate fairly.
If one party refuses to compromise, court intervention may be necessary.

The Role of an Attorney in Your Divorce

Regardless of the type of divorce, working with an experienced family law attorney ensures your rights are protected and the process runs smoothly.

In an uncontested divorce, an attorney can help draft and review agreements to ensure fairness and legality.
In a contested divorce, legal representation is essential to advocate for your interests in court.
Alternative options like mediation or arbitration may be available to help resolve disputes without litigation.

Get Legal Guidance from Harris & Literski

Choosing between a contested and uncontested divorce is a significant decision that impacts your future. At Harris & Literski, our experienced divorce attorneys provide expert guidance tailored to your unique situation. Whether you need help negotiating an amicable settlement or representation in court, we are here to protect your rights and interests.

If you’re considering divorce and need legal advice, contact Harris & Literski today to schedule a consultation. We’ll help you navigate this challenging time with confidence and clarity.

Contested vs. Uncontested Divorce: Which One is Right for You?