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Contested vs. Non-Contested Divorce: What’s the Difference?
In Ohio, divorces can be categorized into two main types: contested and non-contested. Understanding the distinction between these two types of divorce is crucial for individuals going through the process, as the way each divorce is handled can significantly affect the time, costs, emotional toll, and the overall outcome.
The following will explore the differences between contested and non-contested divorce in Ohio, including the legal processes, the impact on the parties involved, and the factors that influence the determination of whether a divorce will be contested or non-contested.
With the many things to consider during a divorce, don’t feel pressured to do it alone. My firm at Frank A. Malocu, Attorney At Law is here to help in Dayton, Ohio, with our family law experience.
What Is a Contested Divorce?
A contested divorce occurs when the spouses can’t agree on one or more key issues involved in the dissolution of their marriage. In these types of divorces, the parties involved are typically in disagreement over critical matters such as:
Division of property: Disputes may arise over how to divide marital assets, such as the family home, vehicles, financial accounts, and other valuable items acquired during the marriage.
Child custody and visitation: Parents may be unable to agree on custody arrangements or visitation schedules for their children, which can lead to prolonged legal battles.
Spousal support (alimony): One spouse may seek financial support from the other, leading to disagreements regarding the amount and duration of payments.
Child support: Parents may disagree on the amount of child support that should be paid or on the custody arrangements that affect support obligations.
When one or both parties disagree on any of these issues, the divorce is considered contested. This type of divorce typically involves more extensive litigation and often requires both parties to present their case in front of a judge.
The Process of a Contested Divorce in Ohio
The contested divorce process in Ohio is more intricate than a non-contested divorce and typically takes longer. The process involves several key steps:
Filing the petition for divorce: The process begins when one spouse (the "plaintiff") files a petition for divorce in the appropriate Ohio family law court. The other spouse (the "defendant") is then served with divorce papers.
Response: The defendant has a set period of time (usually 28 days) to file a response. If the defendant agrees with the divorce but disagrees with certain terms, they can file a counterclaim. If the defendant disagrees with the divorce entirely, the case can drag out for an extended period.
Discovery and negotiations: In a contested divorce, the discovery process can involve the exchange of financial records, personal documents, and other evidence relevant to the case. This can be a time-consuming process that involves interrogatories, depositions, and requests for documents.
Mediation: Before going to trial, the court may require the parties to participate in mediation. Mediation is a process in which a neutral third party helps the spouses attempt to reach an agreement on disputed issues. Although mediation isn’t binding, it can sometimes help resolve issues before going to trial.
Trial: If mediation and settlement negotiations are unsuccessful, the case proceeds to trial. During the trial, both spouses present their evidence, call witnesses, and argue their positions. The judge then makes a final decision on the disputed issues.
Final Decree of Divorce: Once the trial is concluded, the judge will issue a final decree of divorce, which includes family law decisions regarding the division of property, custody arrangements, spousal support, and child support.
Advantages and Disadvantages of a Contested Divorce
Understanding the potential advantages and disadvantages of a contested divorce can help you determine whether this approach aligns with your needs. The following section explores the key benefits and drawbacks this process can offer to those handling divorce.
Advantages:
Legal protections: Both parties are able to present their case in front of a judge, making sure that the decisions made are based on legal principles.
Comprehensive resolution: A contested divorce can result in a comprehensive resolution of all disputed issues, even if the process is long and difficult.
Disadvantages:
Lengthy process: Contested divorces typically take much longer to finalize than non-contested divorces. The legal proceedings can drag on for months or even years.
Higher costs: Because contested divorces require extensive litigation, the associated legal fees can be quite high. This can make the process financially burdensome for both parties.
Emotional toll: The stress of prolonged litigation can take an emotional toll on both spouses, especially if children are involved.
Uncertainty: The final outcome of a contested divorce is in the hands of a judge, which means that neither party has control over the result. The judge’s decision may not align with either spouse’s preferences.
What Is a Non-Contested Divorce?
A non-contested divorce, on the other hand, occurs when both spouses agree on all the major issues involved in the dissolution of their marriage.
This type of divorce is often referred to as an “uncontested” divorce, as there’s no need for a family law litigation or a trial. In a non-contested divorce, the parties reach a mutual agreement on key issues such as:
Division of assets: Both spouses agree on how to divide their marital property, including real estate, bank accounts, retirement funds, and personal belongings.
Child custody: The parents agree on the custody arrangement for their children, including who will have primary custody and how visitation will be handled.
Spousal support: The spouses agree on whether alimony is appropriate and, if so, the amount and duration of payments.
Child support: Parents agree on how much child support will be paid and how it will be calculated.
When both spouses are able to work together and come to an agreement on all issues, they can file for a non-contested divorce.
The Process of a Non-Contested Divorce in Ohio
The non-contested divorce process in Ohio is generally faster and more streamlined than a contested divorce. The steps involved include:
Filing the petition for divorce: Similar to a contested divorce, the divorce process begins with one spouse filing a petition for divorce with the court. However, in a non-contested divorce, the other spouse typically agrees to the terms outlined in the petition.
Mutual agreement: The parties must reach a mutual agreement on all issues related to the divorce. This may involve negotiating a settlement, which can be done with the help of attorneys or through mediation. If the parties agree to terms, they’ll prepare a settlement agreement.
Settlement agreement: In a non-contested divorce, the spouses submit a written settlement agreement to the court. This agreement outlines how marital property will be divided, any child custody arrangements, child support, and spousal support terms.
Hearing: Although a non-contested divorce is typically faster, the court will still hold a family law hearing to review the terms of the divorce and the settlement agreement. At this hearing, the judge may ask questions to confirm that both spouses understand the terms and that the agreement is fair.
Final decree of divorce: If the judge approves the settlement agreement, they’ll issue a final decree of divorce. The divorce is then legally finalized, and the spouses are no longer married.
Advantages and Disadvantages of a Non-Contested Divorce
A non-contested divorce can offer a more straightforward and cooperative path for couples who are able to agree on key issues. This process tends to be quicker and less stressful, making it an appealing option for many.
However, it’s essential to weigh both the benefits and potential drawbacks to make sure that it’s the right choice for your situation. Below are some of the key advantages and disadvantages to consider.
Advantages:
Faster resolution: Non-contested divorces are generally much quicker than contested divorces. Since the spouses agree on all terms, there’s no need for lengthy litigation or trial.
Lower costs: Because the process is simpler, the legal fees and associated costs are significantly lower than in a contested divorce.
Less emotional strain: Since the spouses are cooperating, a non-contested divorce can be less stressful and less emotionally taxing. This is particularly important when children are involved, as it allows parents to maintain a more amicable relationship.
More control: In a non-contested divorce, the spouses have more control over the outcome, as they negotiate and agree on the terms themselves rather than having a judge make decisions for them.
Disadvantages:
Requires cooperation: A non-contested divorce requires both parties to work together and communicate effectively. If one spouse is unwilling to cooperate, it may not be possible to pursue a non-contested divorce.
Potential for imbalance: While non-contested divorces are generally more amicable, they may not always result in a perfectly fair agreement in terms of family law, especially if one spouse is under duress or not fully informed about their legal rights.
Factors Influencing Whether a Divorce Will Be Contested or Non-Contested in Ohio
Several factors can influence whether a divorce will be contested or non-contested in Ohio. Some factors include:
Communication between spouses: Couples who can communicate effectively and who are willing to cooperate are more likely to reach a mutual agreement on divorce terms. In contrast, couples who have significant communication breakdowns may struggle to reach an agreement, leading to a contested divorce.
Assets and property: The more intricate the marital estate, the more likely it is that disagreements will arise over property division. High-net-worth couples or those with significant assets may have more disputes regarding how to divide property and financial assets.
Children: Custody disputes are one of the most common reasons for contested divorces. Parents may have differing views on how to care for their children or how to divide time between them.
Emotional factors: If the divorce is particularly acrimonious or if there are unresolved emotional issues, it can make the process of reaching a non-contested agreement difficult.
Legal advice: The presence of attorneys can help confirm that each party’s rights are protected. In some cases, one spouse may feel pressured to agree to terms that aren’t in their best interest, which may make a contested divorce more likely.
Contact My Firm Today
As an experienced divorce attorney, I serve clients throughout Montgomery County, including Northridge, Huber Heights, Fort Mckinley, Residence Park, Englewood, Greene County, including Beavercreek, Pleasant View, Xenia, and New Jasper, and Miami County, including Pigeye, Cowlesville, Troy, Piqua, and Covington.
Reach out to me today at Frank A. Malocu, Attorney At Law, for the help you need in this difficult time.