If you are going through a divorce, it is important to understand the two main types of divorce that you can file for. It is important to understand the ins and outs of contested vs uncontested divorces to ensure that you are able to make the best decision throughout your divorce process. In either scenario, it can be extremely beneficial to work with a divorce attorney to ensure a fair process for your situation. This can help to minimize problems and enable you to achieve the best possible outcome.
Contested vs Uncontested Divorces
Every divorce is different. Understanding the differences between the major types of divorce will enable you to make the best decision for your situation. When it comes to contested vs uncontested divorces, there are many factors that may impact which divorce type you should file for. Consulting with one of our attorneys will help you to make the best decision for your particular situation.
Main Issues in a Divorce
There are several main issues in a divorce that will be determined throughout the course of a debate. If you are able to work with the other party to decide on these issues, you may be able to obtain an uncontested divorce. Otherwise, you may have to file for a contested divorce. The main issues in a divorce include the division of property, custody of any children that the couple has, the details regarding child support or alimony payments, and the division of debt.
While it may seem like contested divorces are ultimately much more problematic, it is still common for each side to settle to avoid a trial in a contested divorce. However, you may still require the trial to complete the divorce process. In some situations, a contested divorce may be necessary if there is a single issue that both parties don’t agree on.
Benefits of Contested Divorces
There are many benefits of contested divorces. For one thing, a contested divorce will help to ensure that the divorce process is underway, because the court is involved. This helps to ensure that neither party can drag their feet to prolong the process. Contested divorces also allow for temporary orders to be issued, which will help to ensure that children can still be cared for throughout the divorce process. This type of divorce will also allow for judicial input, which can help to balance the scales during the divorce. These contested divorces will also allow for various discovery processes, such as if one party is hiding money from the other or in other circumstances.
Drawbacks of Contested Divorces
While contested divorces can be beneficial, there are also some drawbacks that can occur when you file for a contested divorce. Contested divorces tend to take a necessarily adversarial approach to the divorce, which often pits each side against each other. They often result in substantial legal fees, which can cause them to be much more expensive methods for obtaining a divorce. In addition, you may have less control in a contested divorce. Ultimately, the final decision will be up to the judge, not to you and your spouse coming to an agreement.
Uncontested divorces are a divorce type that can be filed for when each party is in agreement and is capable of deciding on each of the issues of divorces. In this type of a divorce, a Separation Agreement or Divorce Agreement will be created to list the various aspects of the divorce. Each party will sign the agreement which will then be filed with the court. At this point, a judge will determine if the separation is fair and reasonable for each party. If it is deemed to be fair, then the divorce process can be completed.
Benefits of Uncontested Divorces
Uncontested divorces can come with many benefits. However, it is important to ensure that both parties are able to come to an agreement when you pursue an uncontested divorce. These divorces can be extremely beneficial when it comes to the relationship between each party. They require both sides to work together, rather than to be set up against each other. This often results in a far more amicable relationship between the two parties in the divorce. Uncontested divorces can often be resolved much more quickly, due to the minimized need to determine each aspect of the divorce. It is also generally less expensive, because it involves fewer related legal fees.
Drawbacks of Uncontested Divorces
Though it can be beneficial to obtain an uncontested divorce, it is still important to ensure that you understand the drawbacks of these divorces. For one thing, you generally can’t file for an uncontested divorce if there is even a single disagreement regarding the factors of the divorce. It is also important to keep in mind that this is not the best type of divorce to pursue if there is an imbalance of power in the relationship. In these situations, each side will need an attorney to provide the best outcome. If one party decides to not uphold their end of the agreement, there is often very little legal recourse. The other party won’t be able to file a contempt if they don’t uphold their end of the agreement. In addition, an uncontested divorce may ultimately take longer if you can’t come to an agreement. In these situations, you may then have to pursue a contested divorce afterward and the entire process will take much longer.
When you begin the divorce process, it will be important to understand the various aspects of your situation. This will help you to determine the ideal type of divorce to file for. Every divorce is different, so it can be difficult to know exactly what to do when you first begin the divorce process. Our attorneys at Ammon Nelson Law can help to provide you with the ideal guidance throughout this rather complex, emotional process. If you need more information about the contested vs uncontested divorces debate, contact our team at Ammon Nelson Law today!