Uncontested or contested divorce: Which one is right for you?

| Feb 2, 2021 | Divorce |

Have you given any thought to divorce? Were you aware that there are different kinds of divorce? Every marriage is unique, so choosing the divorce process that suits your circumstances is important.

Before taking the first steps toward a divorce, decide if you want the uncontested or contested process.

Uncontested divorce

Following this path generally means that you and your partner will not fight the divorce process. It is a no-fault divorce based on the grounds of “irreconcilable differences.” Filing a divorce in this manner can save time and money. You and your spouse must:

  1. Not have any financial disagreements, including child support or alimony
  2. Both accept the divorce

If you and your spouse have children, you will need to submit child support and custody arrangements. No-fault divorces are subject to a 60-day waiting period before a judge signs the final decree.

Contested divorce

Contested divorces may be contentious, expensive and time-consuming. This is a fault-based divorce. If you choose this type, you must provide a legal reason. Some fault grounds in Mississippi are:

  • Natural impotence
  • Adultery
  • Cruel and inhuman treatment
  • Incest
  • Desertion for one year
  • Insanity at the time of the marriage
  • Preexisting marriage

When filing for a fault-based divorce, you have the burden of proving the fault.

Whichever kind of divorce you decide to pursue, you must satisfy the residency requirement of living in the state for at least six months. You and your spouse must fill out the necessary paperwork and pay the fines requested by the court.