Contested vs. Uncontested Divorce

Divorces for any couple can go one of two ways, simple or difficult. In legal terminology these two different roads would be called uncontested or contested divorces. The route that many couples hope to have when choosing to divorce is usually the uncontested divorce path. This means that the couple is willing and able to come to terms on the settlements made about their divorce, and there is no need to take it to court to fight for.

Spouses with the help of their individual attorneys will establish their agreements for child custody, support and visitation, property and asset division, as well as alimony. Mediation is a popular form that is used when spouses believe that they can come to a mutual agreement regarding their divorce. Mediation involves a third party member who is unbiased towards either of the spouses, and they will guide through the details of the divorce and gives them the chance to talk matters over with one another while staying on topic and covering all of the grounds.

In mediation it is highly recommended that each spouse still have their own personal attorney representing them during this process as well. In the event that the two spouses are unable to come to an agreement, this is considered to be a contested divorce. When this is the case between spouses, there is usually a lot of tension and conflict involved because not only can they not come to an agreement, but also the many background details that led to their divorce as well can be an extra burden.

Mediation is still an option for those who are contesting the divorce because it will be less money than a court hearing; however, many times if no agreement can be made and each spouse is looking for results, taking it to court may be their best option. As you can see there is a lot involved when it comes to a divorce, and where you and your spouse are able to make an agreement, having an attorney to represent your specific needs is essential. Contact the law office of Claery & Green today for the divorce attorney you deserve!

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