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. In an uncontested case both parties have agreed on how to handle major issues like child custody, spousal support, and property distribution. A fact worth noting is that not all divorce cases can fall under the category of uncontested divorce cases. There are some divorce cases that may not fall under the category of uncontested divorce cases.
Eligibility of uncontested divorce
For a divorce case to be filed as a uncontested divorce both parties need to agree on issues like: child-custody, division of property and spousal support. An uncontested divorce begins just like a contested divorce case where one party files for divorce. Uncontested divorce cases have streamlined paperwork that has details regarding the grounds for divorce as well as how other issues like property distribution, child custody and spousal support will be done. A ruling is made in favour of the terms of the unconsented divorce cases is made when the other spouse consents to the agreement or fails to appear in court. The conditions of the case change when the other spouse disagrees and files in the required documents.
Advantages of uncontested divorce
Uncontested divorce cases save the couple a lot of money. 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. An uncontested divorce case allows couples to have their divorce granted faster compared to a contested divorce case. Uncontested divorce cases have fewer legal proceedings and fewer legal wrangles.
Conflict is unavoidable in any divorce but in an uncontested divorce there is less conflict due to the limited interaction moments between the two spouses. In an uncontested case scenario there are very few requests for information and a limited number of court proceedings thus episodes of conflict are reduced.
During divorce all information becomes public information unless it is filed as a sealed case (which is quite hard).) (This means that information like private as well as financial information become part of public records. In an uncontested divorce there is limited information available thus even if the divorce proceedings are not sealed there is less information that becomes public knowledge.
The upside of contested divorces
Couples that have complex issues like children, complex property arrangements or spousal support should opt for a contested divorce so as to solve these issues. 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.
An important fact to state is that whether you file for a contested or an uncontested case you still require a good divorce lawyer.