Our hopes are up whenever someone – a
family member or a close friend – gets married. There will be times,
however, that irreconcilable differences take their toll on the
marriage. Divorce is the only solution found by couples facing this
situation.
There are two types of
divorce available in the United States: contested and uncontested
divorce. Knowledge about these two types is important because many
things largely depend on the type of divorce filed. The time required
obtaining a divorce, waiting periods between filing an initial petition
and receiving a final divorce decree, separation prerequisites,
residency requirements, legal costs, and court costs all depend on
whether a contested divorce or an uncontested divorce is filed.
Contested Divorce
Spouses
that cannot seem to arrive at an agreement on key issues that will
successfully settle the termination of their marriage commonly file for
contested divorce. Contested divorce cases need a court to give a ruling
in order to settle the dispute between the two parties. Among the many
issues discussed in cases of contested divorce are child custody and
support, division of properties, distribution of assets, allocation of
debts, and alimony. Court rulings in contested divorce cases are often
final and executory, though there are still cases when a spouse appeals
to change the court decision.
Uncontested Divorce
In
contrast to contested divorce, uncontested divorce involves spouses
that agree on all issues needed to terminate their marriage. Most
couples prefer uncontested divorce because it is simple, convenient,
cheap, and fast. Most divorce lawyers advise their clients to file this
type of divorce instead of a contested one.
Though
uncontested divorce is relatively simpler than a contested one that is
not to say that there are no heavy issues involved in it. For instance,
if an uncontested divorce case involves spouses with minor children, the
case is usually referred to courts that specialize in child custody
matters or to parts of courts that settles these things. These courts
make rulings on the arrangement of custody matters: what type of custody
is to be in the children's best interests, which parent receives
primary custody of the children, and how much is the child support award
amount.
An uncontested divorce may
turn into a contested divorce if a party objects to the rulings of the
court. Legal counsels then intervene, and another set of hearings are
made.
These are the basic differences
of contested and uncontested divorce. For more detailed information,
consult with a family lawyer.
Nancy McRoberts Parham, P.A.
210 N. Pierce St., Tampa, FL 33602
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