Getting confused between the terms collaborative and uncontested divorce? This article helps clear up your doubts regarding collaborative divorce vs. uncontested divorce.
You may have read so many times about contested and uncontested divorce, but what about collaborative divorce vs. uncontested divorce? Many get confused between these two terms, so let’s clear up the confusion.
Difference between collaborative and uncontested divorce
Talking about divorce, it’s always difficult to end the marital relationship either by choosing one way or the other. But some are more challenging than others, i.e., contested divorce is always more challenging than collaborative or uncontested divorce. Let’s just discuss all three of them one by one.
Before heading towards collaborative divorce vs. uncontested divorce, let’s discuss a little bit about contested divorce. So that you understand the other two forms of divorce, i.e., collaborative and uncontested divorce, in a better way.
Contested divorce
When the couple isn’t able to agree on the terms of getting a divorce of their own, they reach out to the court for a divorce settlement. The judge will settle the divorce agreement by considering all the relevant factors. That include gathering information, negotiation, hearings, and much more. That’s called contested divorce, i.e., also considered fault-based divorce.
Contested divorce cases are more complex, time-consuming, and even costly. Because both partners have to hire their attorneys to represent and negotiate from your side in court. And both partners even have to attend the court hearing until divorce is granted. Moreover, both partners have to follow the court’s order.
When it’s not possible for you to talk and reach at one point to get divorce, then you should file for contested divorce for the dissolution of your marriage.
Uncontested divorce
Uncontested is the simplest way of dissolving your marriage. That takes quite a bit of time and can even cost you less. If you want to file for uncontested divorce, you must agree on all the terms of getting divorce by yourself. And you don’t even need to hire an attorney to represent your case, negotiate from your side in court, or hire a mediator for the settlement. You just need to hire a lawyer to prepare the papers and file them in court.
The best thing about making your case uncontested is that you can also get it online, which makes the whole process of divorce even more convenient. There are so many online platforms that you can use to file your uncontested divorce case, but make sure to choose the reputed sites (like onlinedivorce.com), as they guarantee authenticity, proper guidance at every step, and great service.
Uncontested divorce is the most peaceful way of getting divorce. It takes quite a bit less time, and you can also save a good amount of lawyer’s and court’s fees. Prefer this uncontested divorce if you can make that possible.
Collaborative divorce
In a collaborative divorce, both of you hire separate lawyers for the settlement instead of dragging your case directly to court. These lawyers then try every possible way to find a way out where you both agree on the terms of getting a divorce.
Moreover, there is another prominent way of getting a collaborative divorce, i.e., through divorce mediation. In this, the mediators (who are professionals) work with both partners to understand their demands and expectations from the divorce. And give the best advice on how to make the settlement.
If you are able to reach one point on the terms of getting divorce, you can simply file for uncontested. But if you are still not able to agree on the terms of getting a divorce, you need to file for contested and rely on the judge for the settlement and final decision.
If there are fewer issues in your relationship that you can handle by getting a little help from the professionals, then collaborative divorce is the right option to choose instead of filing for contested divorce. It takes less time and is even less costly than contested divorce cases.
Collaborative divorce vs. uncontested divorce
Let’s shortlist the discussion into simple points to better understand the difference between collaborative and uncontested divorce:
- In collaborative divorce, you need the help of the professionals to agree on the terms of getting divorce, as they help in negotiating and providing the best possible advice as per your case. Whereas, in uncontested divorce, you effectively communicate and negotiate on the terms of getting a divorce with each other (without any professional’s help).
- Collaborative divorce is more complex than uncontested divorce, but not as complex as contested divorce cases.
- Collaborative divorce takes more time, but uncontested divorce is the simplest, so it takes just a bit of time.
- In collaborative divorce, you need to hire lawyers to reach an agreement and then file for divorce. Whereas, in uncontested divorce, you need to hire a lawyer for just filing the divorce papers in court.
Final words :
If you are able to resolve issues and agree on the terms of getting a divorce by yourself, then an uncontested divorce is the best option for you. If you can’t agree on the terms of getting a divorce by yourself and don’t even want to go through that lengthy divorce process, then collaborative divorce is the best option for you. In this, the professionals help resolve your issues with their advice and ways to reach an agreement.
I hope this article clears up all your basic doubts regarding collaborative divorce vs. uncontested divorce. So that it gets easier for you to choose the right option to get a divorce. Which option is right for you highly depends upon your case. So just be practical and look for the best way to terminate your marital relationship. Good Luck!
