When dealing with divorce proceedings there are two kinds of divorce, one is contested and the other is an uncontested divorce. A contested divorce is usually the most complex and complicated between the two. This is because both spouses do not usually agree on matters related to different things in their divorce.
Matters that spouses might not agree to include the division of assets, child support, child custody related issues, allocation of debts and alimony.
When speaking of an uncontested divorce, normally the spouses agree on everything. This does not need the involvement of a judge or the court to assist in matters such as the division of assets or child support and custody. An uncontested divorce is very fast to process and complete and less costly to the spouses.
A contested divorce involves steps which include meeting with an attorney, divorce petition served upon your spouse, your spouse responding to the petition, the discovery process, divorce settlement negotiations, attending divorce court/trial proceedings, post-trial motions and finally appeals.
During a contested divorce, most couples begin the process early before the actual trial. They then try to reach an agreement on matters related to finances and assets which is referred to as a settlement. However, a settlement has a good advantage in that neither of the spouses can appeal it since they are in agreement. They can thus be assured of finality leading to an end to litigation. The settlement has to be legally binding and enforceable.
Although most people undergoing a divorce like doing things their own way and end up eliminating the need of lawyers, this is wrong. Following legal requirements is important when it comes to divorce and you need a law expert to assist. No one should try to represent themselves in a contested divorce due to how complicated it can get.
Lawyers are great at helping you come up with a solid agreement in case the two spouses planning a divorce cannot agree on the same thing. By representing yourself in a contested divorce, things can get out of hand. Lawyers are better positioned to guide you through the different processes.
They will also help you avoid any financial burdens and costs that might arise due to not understanding what is required of you. Though it will still be difficult, the right advice can help your children not to suffer from the divorce. You and your spouse will also be able to end things without affecting much of your children’s future.
Before starting a contested divorce, it is important that you fully understand what you need for the entire process to be successful. Every single step needs to be well explained by someone who understands the laws well. Sometimes an uncontested divorce ends up being a contested divorce or the vice versa might occur.
Different states have their own specific legal requirements when it comes to divorce which must be met. Before you can proceed with divorce get the best help and advice. Get the services of expert divorce lawyers who are well versed with the laws about divorce.