Uncontested Divorces Versus Contested Divorces
Divorce proceedings for uncontested divorces will differ from those associated with contested divorces. Although the paperwork essential for filing for a divorce will be relatively the same with either type of divorce, the amount of legal aid that is needed for a contested divorce and the timeframe in which a divorce will be finalized may be much greater than the legal aid help and timeframe associated with an uncontested divorce.
An Uncontested Divorce
An uncontested divorce is one in which both parties are in agreement over the variables involved with the process. This means that monetary splits, child custody arrangements, and property splits will be discussed and agreed upon by both parties. An uncontested divorce may not unfold without any problems, however.
The divorce lawyer who is representing a party may need to correspond with the attorney for the other party. Mediation may also be necessary at some point. Communication issues often play a factor in interrupting the manner in which divorce proceedings move forward. Once a communication process has been resolved, a lawyer may draw up some papers that will be filed with the judge who will be overseeing the divorce ruling.
A Contested Divorce
A contested divorce is one in which both parties are not in agreement about one or more parts of the proceedings. Maybe, there is a disagreement about who will maintain custody of the children or a discrepancy concerning how the marital property will be split. When both parties cannot form an agreement, a lawyer's expertise may be sought.
An attorney will need to be paid filing fees, a retainer fee, and an hourly rate. The divorce process will not move along at a fast pace. There could be several occasions in which both parties will need to meet with their respective attorneys or attend a court hearing. A judge will not sign off on divorce papers until some type of ruling has been made. A divorce lawyer will advise their client, concerning their rights and the best course of action to follow throughout the divorce process.
Occasionally, the parties involved in a contested divorce will ultimately agree upon the terms of a divorce. They may need to sign some legal documents that pertain to what they have agreed to. If a contested divorce cannot be resolved outside of a courtroom, a judge may be the person who determines financial variables and the separation of property. Talk to a divorce lawyer if you have questions about your divorce.
Share