Divorce is never easy—emotionally, financially, or legally. But understanding the type of divorce you’re facing can make the process a little clearer. In Maryland, divorces generally fall into two categories: contested and uncontested.
While both result in the same legal outcome—the end of a marriage—the path to getting there can look very different. Knowing the distinction between the two can help you set realistic expectations and make informed decisions as you move forward.
What Is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all major aspects of their separation. This includes:
- Division of property and debts
- Child custody and visitation
- Child support
- Spousal support (alimony)
In other words, there are no unresolved disputes for the court to decide. The couple submits a settlement agreement outlining the terms, and once approved by a judge, the divorce can be finalized relatively quickly.
Benefits of an uncontested divorce include:
- Less stress and conflict: Since both parties agree, the process tends to be more peaceful.
- Lower cost: With fewer court appearances and less attorney involvement, legal fees are often significantly reduced.
- Faster resolution: Many uncontested divorces can be finalized in a matter of months, rather than dragging on for a year or more.
- More privacy: Sensitive family matters are handled outside the courtroom rather than becoming part of the public record.
However, it’s still important to have an attorney review your settlement agreement before filing. Even when everything seems amicable, an experienced lawyer can ensure that your rights are protected and that the terms are fair and enforceable.
What Is a Contested Divorce?
A contested divorce, on the other hand, happens when spouses cannot reach an agreement on one or more major issues. These disputes might involve property division, custody arrangements, or financial support.
When a divorce is contested, each party typically has their own attorney, and the case proceeds through the court system. This often involves:
- Discovery: The exchange of financial and personal information between spouses.
- Mediation or settlement conferences: Attempts to resolve disputes before trial.
- Trial: If agreements can’t be reached, a judge will make final decisions based on the evidence presented.
Contested divorces can be more complex because they require additional time, documentation, and court involvement. They are also generally more expensive, but sometimes necessary—especially in cases involving:
- Disagreements over custody or parenting time
- Hidden or disputed assets
- Allegations of misconduct or financial abuse
- Power imbalances between spouses
Even in these situations, a skilled family law attorney can help negotiate fair outcomes and represent your interests effectively in court.
How to Know Which Type of Divorce Applies to You
The difference between a contested and uncontested divorce isn’t always black and white. Many divorces begin as contested but transition to uncontested once both parties are able to negotiate and reach compromises—often with the help of mediation or legal counsel.
If you and your spouse are communicating effectively and share a desire to part ways respectfully, an uncontested divorce may be possible. But if there are major disagreements about money, custody, or property, it’s best to prepare for a contested process and seek professional representation early.
Why Legal Guidance Matters
Regardless of which type of divorce you pursue, having an experienced family law attorney on your side ensures your rights and future are protected. Even in an uncontested divorce, small mistakes in paperwork or overlooked financial details can cause big problems later.
At Billian Law, we provide compassionate, knowledgeable support through every stage of the divorce process. Whether you need help drafting a settlement agreement or representation in a courtroom, our team will work tirelessly to secure the best possible outcome for you and your family.
Schedule a Consultation Today
Divorce doesn’t have to define your future—but how you handle it will shape what comes next. Whether your case is contested or uncontested, Billian Law is here to guide you with clarity, respect, and care. Contact us to schedule a consultation today.