A contested divorce occurs when one or both spouses can’t agree on all issues, or if one spouse does not want to go through with the divorce. The most common issues that tend to be divisive are: child custody and support, alimony, and division of assets. When both parties are unable to reach an agreement, they may seek resolution from the court.
An uncontested divorce simply implies that both spouses agree to the divorce and all issues relating to its finalization, including child custody and support, alimony, and asset division. Uncontested divorce is less expensive, less time consuming, and generally less stressful, especially since a court hearing may be unnecessary.
Uncontested divorce is usually an option for couples who can mutually agree on divorcing one another, as well as the issues surrounding the divorce. Usually, one spouse will initiate uncontested divorce paperwork, and if the other spouse is in agreement, they can submit it to the court. Other types of divorce may also be available to the couple, such as summary dissolution.
An uncontested divorce is usually advantageous over a contested divorce, in that:
Generally, uncontested divorce is preferable in most situations. In others however, it may be unsuitable, and court proceedings are necessary. Situations such as:
Sometimes, an issue arises in an uncontested divorce that may require the court’s intervention. For instance, one spouse was concealing assets, or one spouse decides he or she no longer wants the divorce. If this occurs, speak to your lawyer immediately, as court proceedings may be necessary.
If you are thinking of contesting your divorce, take the following into consideration:
Divorce typically involves several legal issues, and usually, the longer the couple has been together, the more complex of a case. The following are commonly contested issues:
If you take issue with something while contesting your divorce, take note of the issue, speak with your attorney, and be sure to collect all documentation related to your dispute.
In order to resolve a divorce case, the court takes into consideration the following:
If your spouse refuses to sign the paperwork, you may still obtain a valid divorce through a default judgment. Your attorney can help you decide your best course of action in dealing with an uncooperative spouse.
Contesting a divorce is typically much more difficult than an uncontested divorce case. A less than cooperative relationship with your spouse can be emotionally challenging on you as well as your children. An experienced family law lawyer can provide you with guidance on your case, and work diligently to protect your best interests in court.
Last Modified: 09-21-2017 02:23 PM PDTLaw Library Disclaimer
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