Differences Between Consensual Divorce and Contested Divorce
Divorce is a complex and difficult process for many couples. However, how the divorce process progresses may differ depending on the parties’ approach and agreements. In this article, we will examine the basic differences between consensual divorce and contested divorce in detail and explain the features of both processes.
What is Consensual Divorce?
Consensual divorce is a type of divorce in which couples reach an agreement by making a joint decision during the divorce process. This process takes place when the parties determine all the terms and consequences of the divorce in advance and submit them to the court.
1.1. Process
The consensual divorce process usually includes the following steps:
Preparation of the Agreement: The couples prepare a divorce protocol and reach an agreement on issues such as property sharing, alimony, and child custody.
Application and Filing a Lawsuit: The court is applied to with the prepared agreement protocol and a consensual divorce case is filed.
Court Approval: The court decides on the divorce after reviewing and approving the parties’ agreement.
1.2. Advantages
Here are some of the advantages of a mutually agreed divorce:
Fast and Cost-Effective: The process is usually faster and less costly because disagreements between the parties are not discussed in court for a long time.
Less Stress: The parties can avoid the uncertainty and stress of the court process.
Control and Decision-Making: The parties can decide on all the terms of the divorce while maintaining their own control.
What is a Contested Divorce?
A contested divorce is a type of divorce in which the parties cannot agree on the terms of the divorce and these disagreements must be resolved in court. In this process, the court process comes into play to resolve the disagreements.
2.1. Process
The contested divorce process usually includes the following steps:
Filing a Case: One of the parties files for divorce and presents the grounds and demands for divorce to the court.
Presenting Evidence and Arguing: The parties present evidence and documents that may affect the course of the case and these evidence are discussed in court.
Court Decision: The court makes a decision to resolve the parties’ disagreements and determine the terms of the divorce.
2.2. Disadvantages
Here are some disadvantages of a contested divorce:
Long-Term and Costly: The process can be long and court fees can be high.
Stress and Difficulty: The parties may have to deal with the uncertainty and stress of the court process.
Limited Control: The parties may have limited control over the terms of the divorce, because court decisions are binding.
Key Differences Between Consensual and Contested Divorce
3.1. Communication and Cooperation
Consensual Divorce: There is usually good communication and cooperation between the parties. The couple tries to make the process go smoothly by reaching a mutual decision.
Contested Divorce: Communication and cooperation between the parties is usually poor. Disagreements are tried to be resolved in the court process.
3.2. Court Process
Consensual Divorce: The court process can be faster and less costly, because the parties have settled most of the process by agreement.
Contested Divorce: The court process can take longer and be more costly, because court intervention is required to resolve disputes.
3.3. Determining the Results
Consensual Divorce: The parties determine the results of the divorce among themselves and submit them to the court. The court approves this agreement.
Contested Divorce: The court determines all the terms of the divorce and tries to resolve the disagreements between the parties.
The differences between consensual and contested divorce determine how the process will be conducted and what kind of difficulties the parties will face during this process. Consensual divorce requires agreement and cooperation between the parties, while contested divorce is a process in which the court process intervenes more actively. How the parties manage the divorce process varies depending on their personal preferences and current situations.
In this article, we have examined the main differences between consensual and contested divorce in detail. Both processes have their own advantages and disadvantages, and which path to choose depends on the situation and needs of the parties. Getting legal advice at every stage of the divorce process can help the process run more healthily and efficiently.