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Thursday, May 19, 2016

Two Types of Divorce

By Jesse McComb


Will you be getting divorced?

Whether your divorce is contested or uncontested can dictate how long your divorce process takes and how much it costs in legal fees. Before I go on, its important to talk to a family lawyer if you have a family law matter.

Every divorce proceeds differently. Some proceed with little or no dispute between the parties. Some proceed with many issues in dispute that can end up being resolved in a trial.

An uncontested divorce is when all terms are agree upon. This is advantageous because the number of steps involved are fewer than a contested divorce.

If you and your spouse do not agree on all the terms, then you have a contested divorce on your hands. Just because you dont agree doesnt mean you should compromise in order to have an uncontested divorce.

Should I care whether my divorce situation is contested or uncontested?

Yes, it does matter because there is a huge difference in how your divorce will proceed.

With an uncontested divorce, you and your partner need only file the paperwork with the applicable Court to obtain a divorce. Often theres a waiting period; however, you simply wait rather than take many legal steps during that waiting period.

If you and your partner do NOT agree on all the terms, then youll have to pursue negotiations, mediation, or trial.

The key disadvantage to a contested divorce is the legal costs. Legal fees add up quickly; however, they may be incurred wisely to protect your rights and obligations.

From contested to uncontested

Many contested divorce situations change to uncontested through negotiation and/or mediation and dont go to trial. This usually involves lawyers who are able to resolve the matter. Sometimes the legal advice helps parties change their position to result in an uncontested divorce process.

The good news is that hiring a lawyer can help your contested divorce situation because negotiations continue. Also, you can attend a mediation which can help you and your spouse resolve the contested issues.

How important is it to hire a divorce attorney?

Its a good idea to at the very least consult a lawyer to review the terms to which youve agreed. Many divorce lawyers will meet with you for a consultation to review any agreement youve entered into. Such review can be helpful and provide you peace of mind about the terms to which youve agreed. It helps to get professional legal advice before signing anything pertaining to your divorce ... even if its only for a consultation.




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