Divorce is a challenging decision for both people in a marriage. You may have tried different things to solve the issues, but when something does not work out, it’s the best to end the relationship there and move on. Legal experts and relationship counselors recommend that you discuss with your partner about divorce and think it through together. It would help if you covered every aspect, including custody of your children, spouse support, medical assistance, etc. It becomes easier to get through the legalities when both the partners have agreed upon the decision; it is called an uncontested divorce. But if one of the partners raises a disagreement with something, it becomes a contested divorce. Read on to learn the difference in detail.
What is a Contested Divorce?
A contested divorce is a legal process that takes time to settle. According to the expert Edmonton family lawyer, when either party in the marriage has a dispute over different things in the divorce settlement papers, it becomes a contested divorce. Disagreement can be bad faith in a relationship, custodial issues, assets, and cooperation.
The partners need to undergo trials in court and hire an experienced lawyer to fight your case. You need to file a petition, end your response to the questions asked by the other party, and attend hearings. Other things include:
- Engaging in divorce discovery wherein the court collects information from the spouse and witnesses via written questions, subpoenas, and dispositions.
- Legal motion and pre-trial
- Settlement among attorneys after negotiation.
- Complete a court trial if the negotiations do not work out
- File an appeal and wait for the judgment.
It may take 3-4 months or more to settle the divorce. The judge does not give the final judgment until he gets the answers to all his questions.
What is an uncontested divorce?
As the name suggests, uncontested divorces mean that there is no contenting for the rights. Instead, both the parties unanimously agreed on all the issues related to their divorce. Uncontested divorces are also a legal process. Each state has its requirements that every couple needs to meet before proceeding with the uncontested divorce. However, the couple needs to comply with the legal terms and conditions. But the process involves fewer negotiations, fewer legal fees, and fewer court hearings. The only thing that works in favor of this process is when both the partners work together towards agreeable resolutions such as child custody.
In some cases, one partner has trouble initiating the conversation with the counterpart. In such a situation, they participate in mediation, wherein a neutral third party facilitates the dialogue between the parties. When the spouses agree, the mediation prepares an agreement and gets it signed by the court.
Final Words
Divorces are family matters that need a settlement under legal regulations. Even when you decide that you no longer want to stay with your partner, you still have to undergo the legal process. Talk things out with your partner and discuss finances, custody, future support, educational support for your kids, etc. You can consult an attorney and discuss all the points to talk through with your partner. If you both agree, you can get an uncontested divorce, or you will have to go for a contested divorce.
