If you are considering a divorce in Ohio, one of your first decisions is whether your case will be contested or uncontested. This will determine how your divorce will move forward in the Ohio court system. As with any legal decision, there are pros and cons to both options.
Here is a look at contested vs. uncontested divorce in Ohio so that you can decide which path might be right for your situation.
What Is an Uncontested Divorce?
In an uncontested divorce, you and your spouse have reached an agreement on the major issues, such as:
- Division of assets
- Child custody
- Child support
- Spousal support
In other words, there is no fighting over who gets what. Everything is worked out in advance, and the court can approve the agreement.
Many people choose these options for a few benefits, such as:
Faster and Cheaper
One of the biggest advantages of an uncontested divorce is that it can be resolved quickly. Many times, you can be divorced within a few months. Along with that, there are minimal legal costs. In most cases, you can avoid the drawn-out battles that drive up attorney’s fees.
Stay in Control
Since you and your spouse work things out yourselves, you have some control over the outcome. There is no judge stepping in to make decisions for you. As a couple, you can decide what is fair and workable.
Less Stress
Uncontested divorces are less emotionally draining. There is less conflict, less drama, and fewer court appearances. This can be important if children are involved since minimizing tension between parents often leads to better outcomes for everyone.
Offers More Privacy
Since most of the process happens outside of court, your personal business is less likely to become part of the public record.
The Cons of an Uncontested Divorce
However, there are some drawbacks to an uncontested divorce. These include:
Still Need to Agree
Even if things seem amicable at first, disagreements can pop up. If you and your spouse hit a snag, the divorce may stop being uncontested.
Not Suited for Some Situations
If your financial situation is complicated or there are serious concerns about custody, an uncontested divorce might not provide enough protection or clarity.
What Is a Contested Divorce?
A contested divorce happens when you and your spouse cannot agree on one or more major issues. This does not mean the whole divorce is full of conflict, but it does mean a judge will have to decide some or all of the terms.
The pros of a contested divorce include:
Protection of Your Legal Rights
If your spouse is not being reasonable or there are disagreements about finances and custody, the court can step in so your concerns are addressed, and your rights are protected.
A Formal Legal Resolution
Judges are trained to evaluate evidence, apply the law, and make decisions in the best interest of both parties and children. That objectivity can be important in high-stakes or emotionally charged cases.
Contested Divorce Drawbacks
Of course, there are a few cons to this type of divorce, such as:
More Expensive
Since it involves more time, legal work, and court hearings, contested divorces often cost more than their uncontested counterparts.
Takes Longer
Depending on the court schedule and complexity of the case, some contested divorces in Ohio can take a year or more to resolve.
A Heavier Emotional Toll
Long, drawn-out court battles take a toll on your emotional health. For those who have children, they can also affect your family dynamics for years to come.
Which One Is Right for You?
The answer depends on your situation. If you and your spouse are on good terms and willing to cooperate, an uncontested divorce can offer a faster, smoother, and more affordable way to move forward.
On the other hand, if there are major conflicts, unequal bargaining power, or unresolved issues, a contested divorce may be the better path to make sure your interests are fully represented and protected.
Find the Best Option for You
Choosing between a Contested vs uncontested divorce in Ohio can be difficult. No matter which route you take, divorce is a major life transition. If you are looking for help to find the right option for you, reach out to Axelrod Law Office in Lake County, OH. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.