Contested and Uncontested Divorce Lawyers

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What is the Difference between Contested and Uncontested Divorce? 

There are two kinds of divorces: contested and uncontested.  These terms simply refer to whether both parties want the divorce and are able to come to an agreement about related issues. 

What is an Uncontested Divorce?

An uncontested divorce is one in which both spouses agree to both the divorce and all issues related to it, including child custody and alimony.  Uncontested divorces are preferable to both spouses as well as children, since it is far less expensive and takes less time than contested divorces.  Uncontested divorces do not require a court hearing.

What is a Contested Divorce?

A contested divorce is one in which both spouses cannot come to an agreement on all the issues relating to the divorce, or in which one spouse does not want to go through with the divorce.  Common issues that spouses cannot agree on include child support and alimony, as well as property division.  If these issues cannot be resolved and remain contested, the divorce will proceed to court.

What if My Spouse Won't Sign the Papers?

It is not necessary for your spouse to sign the papers: if he or she refuses to participate in the divorce at all, you can still obtain a valid divorce through a default judgment.  If your spouse is being uncooperative however, you should speak with a divorce attorney to see what the best strategy is for your individual situation.

Do I Need a Lawyer to get a Divorce?

If you and your spouse are seeking a divorce, you may want to consult with a family lawyer.  Working with a family law attorney will help you understand your options and can help protect your interests and rights.

 

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Last Modified: 01-07-2011 03:01 PM PST

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