The Two Different Types of Divorce in Your Family Case

There are two types of divorce in most States. They are uncontested divorces and contested divorces. Which divorce is right for you is entirely dependent on your unique situation.

Uncontested divorce

By far the most inexpensive way to go through a divorce, and also by far the least time consuming, the uncontested is when both parties agree, or closely agree on the major issues in the case, and are willing to work out the remaining agreements through negotiation. The major advantage of an uncontested divorce is the cost. You will spend less on attorney’s fees, court costs, and other fees by going forward with an uncontested divorce. This will allow a quicker, less painful divorce, and ultimately get you on the path to your new life.

However, an uncontested divorce is not always a good idea. In fact, it is a bad idea when one of the parties is greedy and unwillingly to reach a fair agreement. It is also a bad idea when one or both of the parties is so hurt by the end of the relationship that they are unwilling to negotiate or unable to do so. Finally, if domestic violence has become part of the relationship, then an uncontested divorce is certainly not the way to go.

Contested Divorce

Most divorces must unfortunately be contested divorces. Contested divorces require a stronger use of the court system. Ultimately, a Judge will be utilized to determine the proper outcome of your case. Obviously, the disadvantages of a contested divorce include the costs associated with the court system, including higher attorney’s fees, more costs, and more bills. However, a contested divorce will be the appropriate solution if violence has become a part of the relationship. Also, contested divorce will be the only option in a high stakes divorce where one or both of the parties will act unreasonable and be unwilling to properly negotiate to achieve a balanced and fair outcome. Finally, if children are involved, and issues such as time sharing and child support arise, it becomes more likely that a contested divorce will be the proper vehicle to initiate divorce.

Regardless, it is always wise to consult an attorney before you choose which method of divorce you will seek. Even if you intend to proceed pro-se because of financial reasons, many States offer legal aid attorney services to at least review your work and make sure you are on the right path.

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