Family legal matters are never easy to handle on an emotional level, but some divorces can be more tiring than others. More complex divorce cases can take several months to several years to finalize, which can really take a toll on the parties involved. However, you might find that a long and complicated divorce is necessary for the situation.
In most cases, couples try to do their best to separate and divorce without issue. Unfortunately, not all disputes are easily resolved on their own. This inability to come to an agreement on important matters could be because the financial stakes are so high, but it could also be linked to the complexity of relationship issues.
This guide will help you better understand the two main types of divorce.
A contested divorce occurs when one or both parties are unable to agree on the divorce outcome. This means the parties disagree about the distribution of property and assets or child support. For instance, they might not have a good way to allocate the debt in mind, or perhaps the parties are arguing about child support or spousal support.
Contested divorces are increasingly common because couples have so many issues to consider. Finances may be much more complicated today than they ever were in the past, for example. Parents may also share parenting duties equally, meaning that child support can become complicated.
Spousal support may be one of the biggest issues included in contested divorce proceedings. Individuals may contest spousal support if both parties have the same salary or if one party has a trust fund, for example. A judge will take into account all of these factors to help make a ruling about the need for support.
An uncontested divorce occurs when both parties are able to come to an agreement about how assets will be divided. It also means both parties agree on issues like spousal support and child custody.
A major advantage of an uncontested divorce is that it is much cheaper than a contested divorce. The judge only needs to ensure that both parties are aware of the stipulations of the divorce and agreements. The simplicity of this type of divorce makes the proceedings quite quick.
People also prefer uncontested divorce because it allows for more privacy. They won’t feel as if their news is all over social media when everything is resolved quickly.
Although uncontested divorce can be simpler, it is not right in every situation. When children and hefty financial decisions are involved, a contested divorce may be the best way to ensure that everything is fair for both parties.
Contested & Uncontested Divorce Procedure
It is always wise to have an attorney to handle your divorce, especially if you are undergoing a contested divorce. Even uncontested divorces can come with questions and stressors that you may not entirely understand or know how to deal with. Fortunately, a good attorney can help you through it all.
You have rights during the divorce process, and your lawyer can help to protect your rights from beginning to end. A lawyer also helps to prepare and file paperwork, respond to petitions and gather information for upcoming legal procedures. Divorce is already hard, but remembering when to file all the necessary paperwork can make it harder if the responsibility falls on your shoulders.
A. B. Olmos & Associates PC can help you with your uncontested or contested divorce proceedings. We understand how difficult both types of divorces can be, and we are prepared to handle either type. Contact us today to set up a consultation and learn more about your legal options.