When your marriage ends, understanding the type of divorce you may face can help you prepare for the next steps. The two main categories are contested and uncontested divorces. They differ in how much spouses agree, how long the process takes and how much it may cost.
What is an uncontested divorce?
An uncontested divorce occurs when both parties agree on all major matters related to ending the marriage. This includes property division, debt allocation, child custody arrangements, child support and spousal support. When both parties reach an agreement, they can often complete the divorce more quickly and spend less.
In Alaska, when both spouses agree on all terms regarding the end of their marriage, they typically file a joint Petition for Dissolution of Marriage. Keep in mind that you still need to meet Alaska’s filing requirements and submit the required paperwork to the court.
Filing requirements for an uncontested divorce include meeting the state’s residency rules, completing the correct court forms and providing information about your marriage, property, debts and any children. At least one spouse generally must be an Alaska resident when filing. You must submit the required documents to the appropriate court and pay the filing fee unless you qualify for a waiver. If you have children, you may also need to include parenting plans and support information.
What is a contested divorce?
A contested divorce happens when the parties cannot resolve one or more important matters. You might disagree about how to divide assets, who should have primary custody of your children or whether spousal support is appropriate. When disagreements arise, a judge may need to decide the remaining matters.
Contested divorces in Alaska typically involve more court appearances, legal documents and time. You may need to gather evidence, take part in discovery and attend hearings where a judge decides unresolved matters. This type of divorce may take significantly longer to finalize, especially when disputes involve complex financial matters, custody concerns or extended court proceedings.
What are the key differences?
The main differences between these divorce types involve cooperation, time and expense. An uncontested divorce requires both spouses to agree on key decisions and generally involves fewer legal proceedings. A contested divorce requires more resources because disagreements must go through formal court procedures.
Your circumstances will determine which path your divorce follows. Some divorces begin as contested but become uncontested when spouses reach agreements through negotiation or mediation. Others remain contested throughout the process.
Making informed choices regarding your divorce
Choosing between a contested and uncontested divorce is not always within your control because it depends largely on whether both spouses can reach agreements. Understanding these differences can help you prepare for the financial and emotional challenges that may come with divorce.
