Divorce is a significant legal process that can be emotionally and financially challenging. In Iowa, divorces fall into two main categories: contested and uncontested. Understanding the differences between these types of divorce can help you make informed decisions and navigate the process more smoothly.

At Family Law Solutions of Iowa, LLC, our knowledgeable divorce attorneys are ready to help you navigate your divorce.  We teach you the difference between uncontested and contested divorces in our state and how each type might affect you. Schedule a consultation to learn more about how these differences impact your case.

Learning About Divorce in Iowa

Iowa is a no-fault divorce state, meaning that neither spouse needs to prove wrongdoing to file for divorce. Instead, the court requires a statement that the marriage is irretrievably broken. However, the complexity of the divorce process depends on whether both parties agree on key issues.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all aspects of the divorce, including:

• Division of assets and debts
• Child custody and visitation
• Child support and alimony
• Any other relevant legal matters

This does not mean you always agreed, but that by the time you reached court, you now have an agreement. 

Benefits of an Uncontested Divorce

Uncontested divorces are generally faster, less expensive, and less stressful than contested divorces. Since both parties agree on the terms, the process can often be completed without extensive court involvement. The steps typically include:

1. Filing divorce paperwork with the court.
2. Serving the spouse with legal documents.
3. Finalizing agreements on all divorce-related matters.
4. Waiting for court approval, once the 90-day waiting period expires. 

What Is a Contested Divorce?

A contested divorce occurs when spouses disagree on one or more aspects of the divorce. Common disputes include:

• Division of property
• Child custody arrangements
• Spousal support
• Other financial matters

The Contested Divorce Process

Since contested divorces involve disputes, they often require court intervention. The process typically includes:

1. Filing for divorce and serving the spouse.
2. Negotiation attempts, often through mediation.
3. Court hearings, where each party presents their case.
4. Final judgment, where the court decides unresolved issues.

Challenges of a Contested Divorce

Contested divorces can be time-consuming and costly. Legal fees, court costs, and emotional stress can add up, making the process difficult for both parties. However, in cases where agreements cannot be reached, court intervention ensures a fair resolution.

Choosing the Right Divorce Process in Iowa

Deciding between a contested and uncontested divorce depends on your specific circumstances. If both spouses can communicate and agree on terms, an uncontested divorce is the simpler and more cost-effective option. However, if disputes arise, a contested divorce may be necessary to ensure a fair resolution.

Legal Assistance in Iowa Divorce Cases

Regardless of the type of divorce, consulting an experienced Iowa divorce attorney can help protect your rights and ensure a smooth process. Attorneys can assist with:

• Drafting legal documents
• Negotiating settlements
• Representing you in court
• Ensuring compliance with Iowa divorce laws

The right attorney can make all the difference in your case, and even save you the time, cost, and frustration of a drawn-out divorce in many situations. A strong negotiator can help you resolve issues. When your spouse refuses to cooperate, that attorney is your best advocate.

Speak to an Iowa Divorce Attorney Today

Knowing the differences between uncontested and contested divorces can help you know the path forward. Ultimately, your attorney will help you decide the right path. A consultation lets you talk about your situation so a customized strategy is designed for you.

Our lawyers at Family Law Solutions of Iowa, LLC can help with your Iowa divorce. Contact us today for a free consultation on your case.