When a couple goes through a divorce, there are a great deal of decisions that must be made in regards to children and marital assets. Some divorces are easily obtained, while others take more effort to work out. The following is an overview of the difference between the different types of divorces, both contested and uncontested.
When a divorce is uncontested, it means that the couple has been able to come to a reasonable agreement regarding their finances, assets, and children that they both can live with. No intervention is required by the court because this agreement has been reached. Uncontested divorces are faster than contested divorces and cost far less than a lengthy court battle.
If a divorcing couple cannot reach a reasonable and satisfactory agreement regarding the terms of the divorce, they will need to go to court to resolve it. This is known as a contested divorce. Some courts require divorcing couples who cannot agree to attend mediation before a court date is set. During mediation, both parties sit down with a mediator who is an impartial officer of the court. Both sides may have attorneys present, as well. If an agreement can be reached during mediation, there is no need to set a court date for a hearing or trial.
A contested divorce is far more costly to resolve than an uncontested divorce. A lengthy court battle involves filing fees and higher attorney fees. If possible, it is always less expensive to resolve divorce issues without a hearing or a trial.
If you are considering filing for divorce, I will examine your case and discuss all the issues that need to be addressed. I will help you anticipate which issues may be more or less complex to resolve given your specific circumstances. The goal is a swift and uncontested divorce, which is always better for families. However, I am not afraid to fight for my clients and will do everything I can to achieve the best outcome for them.