Difference in contested and uncontested divorce
Divorce is a serious matter for most people. It is a decision that can completely change one’s life. Hence, it is extremely important to go about it with precautions and enough aforethought. Before reaching out to an uncontested divorce lawyer, make sure that you have thought your decision through.
Nevertheless, if you have already decided to get a divorce, know that there are two ways to go about it. Firstly, you can file an uncontested divorce. Secondly, you could go for a contested divorce.
Now, there is a major difference between both of these divorce proceedings. By knowing the difference, you will be able to decide better which route you have to take. Though, your family lawyer or divorce lawyer will also be able to guide you with this.
Uncontested vs. contested divorce
In this article, we discuss the differences between the uncontested and contested divorce. Ultimately, you will have a general idea about which one you should go for.
In simple terms, when you are filing for an uncontested divorce, it means that both your spouse and you are agreeing for the divorce. This also means that you have worked out all the divorce judgment prior to it.
Different types of divorce judgments include the property division, alimony, child support, parenting time, and the custody of the children.
After that, all these clauses are written in an official document that is referred to as the divorce agreement. In the case of divorce abroad, you will have to fulfill some other criteria. It is important for both your spouse and you to finish all this paperwork. Then, you can file the joint petition asking for a divorce.
Finally, after doing all these, both of you go to the local family court to schedule a hearing. In the hearing, you will be presenting your separation agreement and petition to a judge. And finally, the judge will determine whether it is reasonable and fair.
Now this is where things get spicy. When you are filing for contested divorce, it means that one person wants to start or asks for a temporary order.
In this, one person files for a divorce while the other one gets served the papers. In case your spouse and you are able to come to an agreement within a 6-month period, the divorce can be changed to an uncontested one.
One cannot certainly tell whether a trial will happen or not. And this is the main reason why you need to have a powerful attorney by your side who knows how to play the rules. Furthermore, such attorney should also be a good negotiator.
This route is not necessarily dramatic, because the main goal here is to help you in reaching a goal for a successful divorce. And it is just one way to go for it. But of course, it is going to involve a lot more official divorce paperwork and is going to take a lot of your energy.
Of course, the route that you choose for a divorce will depend on the individual family situation and your financial situation also. If you cannot figure out which way is better for you, then we suggest you talk to a divorce lawyer today.
There are many divorce lawyers available in the Fairfax area. Before you start your search for the best divorce lawyers Fairfax VA, we suggest you get some recommendations. Do you know a friend or a family member that has recently gone through a divorce? If yes, then talk to them and ask them about their experience with lawyers. But also remember that every divorce case is different so do not base your decisions solely on their experience.