If you are going through a divorce, one of the biggest issues is when the process starts, most divorces are filed as contested divorces. There are two kinds of divorces - contested and uncontested. The contested divorce is when both parties can’t agree about getting divorced or about the terms of the divorce. The terms of the divorce could be about the marital assets, child support, debt allocation or custody of the children.
When there is an uncontested divorce both spouses have already agreed on everything about the divorce and don’t need the courts to decide on asset division or child custody issues. Basically, an uncontested divorce will be quicker and cost less than a contested divorce. It is also usually less painful and bitter.
Many times when a divorce is filed, it begins as a contested divorce. However before the actual trial date, the couple will reach an agreement on the financial terms of the divorce, including child support and allocation of debt and assets. The biggest advantage of the settlement is that neither spouse can appeal it and must live by it. Since a settlement has been reached, the divorce will speed along quicker and can bring a quicker end to the marriage.
In a settlement, both parties will be assured of an end to litigation. If you reach a settlement with your spouse, it is essential to have the agreement memorialized in such a way that it makes the settlement legally binding and enforceable. Due to extremely high court costs, most lawyers and judges also prefer to settle out of court. However, if you are unable to reach a settlement, then maybe a court date is what you are needing.
Another option recently is the “do it yourself divorce”. This can eliminate court costs and is a popular way to save money. The do it yourself divorce will only work when both spouses are in agreement about the dissolution of the marriage, basically an uncontested divorce.
If you do have a court date for a contested divorce, you should never represent yourself. Divorce lawyers are specialists in the laws of your particular state. There are also long term issues that can arise if you represent yourself that could have significant financial or legal repercussions.
When all is said and done, if you are considering a divorce, then you really should attempt to reach a settlement or have an uncontested divorce. This will save you time, money and emotional distress that a nasty and bitter contested divorce could cause. Divorce law can be tricky, so if you have a contested divorce, or a lot of assets, it is best to rely upon the divorce lawyers as they are experts.