UNCONTESTED DIVORCE VS. CONTESTED – DIFFERENCE
Uncontested Divorce vs. Contested :
In an uncontested divorce, the couple agrees on all the terms of the divorce such as child/spousal support, child custody, and division of assets. In a contested divorce, the couple disagrees on all or some terms of the divorce. WHAT IS THE DIFFERENCE BETWEEN UNCONTESTED DIVORCE VS CONTESTED
A contested divorce does not mean that one spouse is contesting the divorce itself. In California, you are able to file for divorce and complete the divorce even if your spouse does not wish to do so. The concept that one spouse can state a reason for divorce as “irreconcilable differences” and get divorced regardless of another spouse desire to keep marriage called “ no-fault divorce”
Uncontested divorce vs. contested – How long divorce would take?
Uncontested divorces usually progress through the court system much faster than contested divorces. It is important to bear in mind that even in an uncontested divorce takes 6 months to restore your status to single (although we can complete all your paperwork and get your judgment faster). A contested divorce can take years.
If you and your spouse cannot reach a settlement on some issues but not all, any unresolved issues will still go to trial. Before going to the trial, the couple needs to complete some pre-trial procedures, such as financial disclosure, discovery and go through other complicated legal procedures. For example, one spouse is running a business and another spouse thinking that the business is producing more income than the spouse claims, the forensic accounting might be ordered and it would take a significant amount of time. Another example I one of the spouses has an unreasonable child custody position and claiming violence/ignorance of another parent to the child. The DVRO case might be open and/or the counsel for the minor needed to be appointed which would prolong the divorce significantly as well
If one spouse will appeal the judgment, which will add more time to the divorce.
Uncontested divorce vs. contested – How much your divorce will cost?
A contested divorce is so much more expensive than uncontested divorce cost, not even comparable. An uncontested divorce is faster and stress-free.
If you and your spouse are unable to agree on the terms of your divorce immediately but wish to keep costs low, it is worth figuring out the proper resources which would help you apparently come into an agreement rather than choosing the path to trial. An example of such resources would be mediation.
Because a contested divorce is much longer than an uncontested divorce, it is also more expensive.
Court costs and attorney fees add up over time, resulting in a costly process, and the more intense nature of a divorce trial may call for a more experienced attorney. If one spouse wishes to appeal the judgment, this will also require a more expensive appellate attorney.
If you do not settle and instead your divorce goes to trial, you may wish to employ an expert witness. These may be financial advisors or appraisers, who will give their expert opinion on the financial matters of the divorce.
Other expert witnesses could include child custody specialists or social workers, in rare cases where child custody is an unresolved issue. Any fees for expert witnesses must also be considered.
It can be the case that by contesting a divorce you may receive a larger share of the community property. However, you may also lose money paying the costs mentioned in this section. In the case of uncontested divorce vs. contested, faster and simpler uncontested divorces are the much cheaper option.
Uncontested divorce vs. contested – How much stress you and your children will have?
A contested divorce can be very stressful for both spouses, as well as any children involved. Testifying in a trial, accumulating legal fees, and receiving a judgment you’re unhappy with all add to the stress of the process.
In cases of abuse or adultery, spending years going through a divorce can have a particularly damaging emotional impact. Before contesting a divorce, it is important to ensure you are prepared for what could be years of hard work and conflict.
For children, even an amicable divorce is upsetting, so a contested divorce can be traumatizing. Where child custody is disputed, they may require counseling. Ideally, you should do everything you can to agree on all issues involving your child(ren).
If you or your spouse are considering a contested divorce, there are some ways of managing stress and reducing the emotional impact. Many couples choose to involve a mediator – a third party who works with the couple to form a settlement.
Mediators make no decisions themselves, but instead offer the couple guidance towards a mutually agreeable solution. They are a good way to reduce conflict, though may not save time or reduce costs.
You could also agree to a collaborative divorce. This is where both spouses and their lawyers sign a contract stating that they will not go to court.
In a collaborative divorce, everything is settled between the lawyers and spouses themselves. You won’t testify in front of a judge. Once again, this is a good way of reducing stress, but can still be a lengthy and expensive process.
Uncontested divorce vs. contested – Is it worth contesting a divorce?
While an uncontested divorce is much faster and cheaper, we understand that if one of the spouses has unreasonable expectations regarding divorce issues or/and uncontrollable anger, sometimes a total agreement is simply impossible. If you are unable to settle on an issue that’s important to you, the time and money it takes can be worth it.
If you both committed to uncontested sometimes called amicable divorce, you will be able to reach an agreement with your spouse.
You can get a help of an attorney for confusing your situation divorce issues. If you are not certain how to divide your property, how to plan child custody and visitation, spousal support you might need legal advice.
We are different than other law firms in the way we approach your situation and help as much as you need. We do not require a retainer agreement if you need just little help and guidance.
We can give you legal advice and guide you through the possible scenarios applicable to your situation. If you are to busy to dedicate your valuable time for the divorce document preparation, our experienced paralegal will undertake this task for paralegal price.
Can the uncontested divorce become contested?
In LegalDocsA2Z it did not happen too often. However, there is a possibility your spouse can change his/her “tune” in the middle of the process and contest your divorce.
Your spouse can contest divorce until the judgment is has been entered. We can help you in this situation as well.
Couples are generally divorcing because they are not getting along well together for one or another reason. However, when it comes to divorce, the issue of time, money, and rational dealing with the problem must take place. The best way is to set emotions and anger aside and look at your divorce as a business.
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