Divorce Contested Versus Uncontested

Benefits of an Uncontested Divorce

A divorce settlement focuses on four primary concerns:

  1. How the marital property will be divided
  2. How the debt will be divided
  3. How child custody issues will be handled
  4. How child and spousal support will be determined

There is no such thing as an “uncontested” divorce because most divorces occur because of disagreements of some sort.  However, no all arguments have to end up in court.  Disputes can be handled outside the courtroom.  This is really what uncontested divorces are – divorce agreements that are worked out without a trial.  Divorces that are uncontested can be finalized more quickly and for less money since you do not have the expense of a trial.

Regardless of the reason for the divorce, couples should begin the process by working together to establish terms of the settlement.  If disputes arise that you simply are unable to resolve, you can use arbitration and mediation services.  You decide if you want legal representation during these informal proceedings.  Hopefully you can finalize your divorce soon after mediation.  You will save money by doing what you can to stay out of the courts.  Most couples find that uncontested divorces foster more amicable relationships between ex-spouses.

There are times when divorces will be contested such as when there is significant money or property division that is being disputed.  Unlike uncontested divorces which do not require an attorney, contested divorces often result in a trial.  It is recommended that anyone who is involved in a contested divorce hire an experienced divorce attorney to help you through the legal process and represent you in court.

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