Contested And Uncontested: Know What Type Of Divorce You Should File
Divorce can be confusing to many. Unfortunately, divorce is a major legal and financial action that can be connected to a lot of emotional issues as well. One important area of uncertainty may be what type of divorce to file. In most cases, you may not have a choice. Read on to find out more about contested and uncontested divorces and how they evolve.
Contested Divorces
A contested divorce is a type of divorce where the spouses cannot agree on one or more issues related to the divorce, such as child custody, division of assets and debts, alimony, or child support. In a contested divorce, the spouses will need to take more action to resolve things before the divorce is final.
For example, couples have a few options to employ if they disagree on an issue to two:
- Conferences: Settlement conferences bring the parties together with their respective divorce lawyers to talk about the issues around a conference table.
- Mediation: Divorce mediators work with couples to help them resolve issues using mediation techniques. Divorce mediators are not usually lawyers, but they are aware of divorce laws.
- The Judge Decides: If the above methods don't work, the divorce must head to court. The judge will hear evidence and make decisions on any contested issues. This can be a lengthy, stressful, and expensive process for both parties.
Uncontested Divorces
On the other hand, an uncontested divorce is a type of divorce where both spouses agree on all aspects of the divorce settlement. This type of divorce is typically faster, simpler, and less expensive than a contested divorce because there are no disagreements to resolve in court.
In an uncontested divorce, the spouses work together to create a divorce agreement that meets the needs of both parties and any children involved. They then submit the agreement to the court for approval, and if the court approves it, the divorce can be finalized.
The key difference between a contested divorce and an uncontested divorce is whether the spouses can agree on the terms of the divorce settlement. Sitting down with your spouse and making decisions based on what is best for you and your family is the best way to approach things. If you can agree on everything, an uncontested divorce is usually the best option. If you cannot agree, a contested divorce may be necessary. To find out more, speak to a divorce lawyer and learn how you and your spouse can resolve issues outside of court if possible.