Uncontested divorce

You and your spouse agree on all the terms of your divorce: property, childcare, assets and more. This is a much more straightforward process. Uncontested divorces often bypass court all together. Your settlement and final divorce will need to be approved by a judge, but that’s usually a relatively quick process. Once the judge approves it, all you have to do is wait until the state-mandated time period has passed and your divorce will be final.

Though it’s never easy, an uncontested divorce is simpler, saving you considerable time, money and aggravation.

Contested divorce

You and your spouse don’t agree on major issues. This is what people traditionally think of when they think of a divorce—a couple on opposite sides of a court case with a judge deciding who gets what and how. Even in a contested divorce, you can try to settle through mediation, but it tends to be more complicated.

The biggest difference is that divorce officially ends or dissolves a marriage. After getting divorced, you can remarry.

Legal separation doesn’t officially end or dissolve a marriage. After getting legally separated, you can’t remarry or be part of a domestic partnership.

This is a very personal decision.

You may choose legal separation over divorce because of religious beliefs or an aversion to divorce. Another reason you may choose legal separation is if you want to continue sharing health insurance with your spouse.

This depends.

If you earn more (also known as the primary earner) or are in a position to support your former spouse, you may be required to pay spousal support. If your spouse is the primary earner or is in a position to support you financially, you may be entitled to spousal support.

Keep in mind, in an uncontested divorce, you may be able to make your own agreement with your former spouse.

In a child custody case, the judge can either grant legal custody, physical custody or a combination of the two.

Physical custody: Where and with whom the child will stay or live

Legal custody: Who gets to make important decisions about the child’s welfare (e.g. on education, religion, medical care)

In both cases, the court can grant sole custody to one parent or joint custody to both parents.