Divorce can be difficult, especially when children are involved. It pays to know your rights and the processes for divorce. Partner with a divorce lawyer who can back you reliably with respect to such issues as child custody, property division, asset distribution and alimony. He or she will be needed to lessen the anxiety involved in this legal proceeding.
In the U.S., there are two recognized types of divorce, contested and uncontested. The time required to get a divorce, and the waiting periods between filing the first petition and receiving a final decree, varies by jurisdiction. If you are interested in ending your marriage, you need to understand the differences between a contested and uncontested divorce.
Contested Divorces
A contested divorce is a divorce proceeding where the parties involved cannot agree on one or more primary issues to terminate their marriage. When a couple cannot agree, even with the assistance of a lawyer, they must have the court listen and adjudicate their dispute. Contested divorces are commonplace, as a number of issues will come up when terminating a marriagte. The usual issues that need resolution include such sensitive topics as child support and custody, division of property, debt allocation and asset distribution, alimony and temporary spousal support.
Uncontested Divorces
Uncontested divorces are much more easily handled by a divorce lawyer. These dissolutions of a marriage contract are known as simple divorces. An uncontested divorce happens when a couple agrees on all the issues involved and effectively terminates their marriage without anything of consequence being in dispute or unresolved.
However, this kind of dissolution is not necessarily the same as an amicable divorce. Instead, the agreement merely means that any disputed items were settled out of court, just short of the need of judicial adjudication.
The Benefits Associated with an Uncontested Filing
In many instances, couples will express an interest in an uncontested divorce because of its simplicity, convenience, speed, and affordability. The cost savings and efficiency of this type of divorce decree are the two major benefits associated with the process.
While a lawyer’s services are not necessarily needed to achieve a divorce that is uncontested, they are often used in these situations. Any couple or individual can file a petition for divorce without legal counsel. However, because of the emotions that are commonly felt during this type of process, a lawyer’s intervention is usually welcome.
When a divorce is not contested and involves a minor child, the case is referred to the court for resolving the issue of custody. If there is an objection made by either parent, then the divorce becomes contested and requires intervention from a divorce attorney. Even if your divorce is uncontested now, you still need an attorney to back you and support you each step of the way.
