Two types of divorce can be filed when you are ready to dissolve your marriage: contested divorce and an uncontested divorce. You really don’t pick and choose which type of divorce you will file. If you, and your spouse, agree to everything in the divorce, you have a simple uncontested divorce. However, if both parties are unable to come to terms on all aspects of that divorce you have a contested divorce.
The contested divorce process is much more time-consuming and difficult than an uncontested divorce. It is likely that a lawyer will be needed to handle the proceedings of a contested divorce. When you are unable to agree upon all aspects of the divorce, the case goes before a judge who then makes the decisions in the matter. Oftentimes lawyers lawyer negotiate on the behalf of each party, and a settlement is reached before the matter reaches a judge.
Numerous steps are involved with a contested divorce. Those steps include:
- Prepare a divorce petition and serve that petition on your spouse. The spouse must then respond to the petition.
- Gather information that can be used in your case. This can be paperwork, third-party witnesses, etc.
- Go through pre-trial motions as well as legal hearings.
- Negotiations between attorney’s takes place.
- If a settlement is unable to be reached after attorney negotiation, a trial date is set for the case.
- You will need to prepare for the trial.
- Complete the trial, which can include cross examination from your spouse’s lawyer.
- If you do not agree with the order of the judge, you may then file an appeal of the matter.
A contested divorce can be a very complex situation that requires legal expertise to handle properly. Always talk to a lawyer to learn the right way to handle your divorce case.
For more info on contested divorces contact me!
Divorce is never an ordeal that any couple wants to deal with, but sometimes differences in a relationship make it necessary. Divorce occurs every single day when couples are unable to resolve the turmoil in their lives. Should you find yourself dealing with a divorce, there are two types of divorces: contested and uncontested. Here we will take a look at the uncontested divorce.
What is Uncontested Divorce?
An uncontested divorce is the easiest of the two types of divorce. When you file an uncontested divorce it means that you, as well as your spouse, have come to agreements on all aspects of the divorce. This includes issues with child custody, separation of belongings, finances, etc. There are no issues or problems which need to be resolved.
Most couples who are able to file an uncontested divorce find themselves with a multitude of benefits versus a contested divorce. Uncontested divorces are simply easier, and cause far less stress to the couple (and others involved directly) going through the divorce.
Uncontested Divorce Perks
The perks of an uncontested divorce include speedier proceedings, meaning you will be divorced quicker; a more affordable price and perhaps even the elimination of the need for a lawyer. Oftentimes couples who agree on everything handle the matter themselves. This alone can save a ton of cash. Of course you shouldn’t agree to everything simply to receive these perks.
The final divorce decree is a final and binding order. Amendments are not allowed. It is always in your best interest to talk to a divorce lawyer who can ensure that you are handling the case in a manner beneficial to you now and in the future. This is true whether an uncontested or a contested divorce.
For more info on uncontested divorce and the perks, please contact me.
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If you want to know more about this Birmingham Divorce Lawyer please contact me.