Amazing Facts To Note About Contested And Uncontested Divorce Cases
When both partners agree to go for divorce they can opt to choose between having an uncontested divorce or a contested divorce. An uncontested divorce is whereby both parties agree on the major issues in the divorce like: child custody and support agreements, property distribution and spousal support. It is not all divorce cases that can fall under the purview of uncontested divorce cases. Some divorce cases that have complex issues may not fit the bill for an uncontested divorce case.
Eligibility of uncontested divorce
Uncontested divorce cases happen when couples have no disagreements regarding issues like: child-custody, spousal support and division of property. An uncontested divorce case needs to be filed just like a contested divorce case. An amazing fact to state is that uncontested divorce cases have straightforward documents that elucidate how issues like child custody, spousal support, property division as well as the grounds for divorce are noted. The request can be granted by the court if the other party consents to the unconsented divorce or fails to make an appearance in court. However, if the other party does not consent and makes the needed court filings then the divorce becomes contested.
Merits of uncontested divorce
One major benefit of uncontested divorce is savings when it comes to divorce cases. Having a divorce lawyer is a good idea but the fees associated with the court and the attorney are significantly lower because all the relevant papers have been filed. The divorce process for an uncontested court case is faster and shorter compared to a contested divorce case. Uncontested divorce cases have fewer legal proceedings and fewer legal wrangles.
Conflict is inevitable in any kind of divorce but in an uncontested divorce case there is less conflict since there are fewer opportunities to interact. With fewer demands for information going back and forth and fewer proceedings to resolve unresolved issues in the divorce the amount of conflict between the soon to be exes can be decreased.
Information filed in any divorce proceeding becomes part of public information-unless it has been filed under seal (which is not easy). In an uncontested divorce less information becomes available to the public thus spouses can agree on an uncontested divorce to decrease the amount of private information that is available to the public.
The upside of contested divorces
If a couple cannot agree on major issues like child custody, property distribution and spousal support then the case becomes a contested divorce case. The trade-off for simplicity or reduced costs associated with uncontested divorce cases will come at the expense of being able to reach a satisfactory decision on issues like child custody, spousal support arrangements or intricate property distributions.
Whether you file your case as contested or as uncontested you still need a good divorce lawyer.