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Contested and Uncontested Divorce

Contested and Uncontested Divorce

Virtually nobody who gets married does so with the intent or desire that their happy nuptials end in divorce. When two people bring themselves into a common union it is with thoughts of love, affection, and a common bond which brings them together. Marriage is almost always listed as one of the utmost joyous occasions in a person’s life.

Regrettably, divorce has the potential to be a seriously trying and strenuous process for all involved. There are countless details to be settled and compromises to be made by both parties, and none of them are inherently easy to handle. Often, a couple must settle on everything from property rights, division of debts, alimony, and all matters related to child custody, care, and visitation. Frankly, divorce can be a terribly complicated matter to navigate.

What is Contested and Uncontested Divorce

There are two types of divorce to consider: contested and uncontested. Simply put, a contested divorce is one that usually goes to trial to be decided on by a judge. Inversely, an uncontested divorce does not need to go to trial. In either of these scenarios, a large number of cases see individual parties hiring lawyers to litigate a settlement. While it is fairly safe to assume that a divorce which goes to trial will take longer and entail additional strains, that does not mean an uncontested divorce is complication-free.

As one might safely assume, a contested divorce can take significantly longer than an uncontested. In fact, from filing to official judgment and finalization, it can take an average of 11 months or more. Some cases are even dragged out over a matter of years. On the other hand, an uncontested divorce can take less than a month depending on the state in which you are filing.

A Lawyer Should Always Be Involved

It is for this very reason that in a great many cases, lawyers are brought in with the hope that they can facilitate an easier transition for both parties, even in cases of an uncontested divorce. For a divorce to proceed uncontested all properties and rights must be wholly agreed upon by both parties.

Understandably, two people getting a divorce may not always be ready to settle such matters without some legal counsel. As such, it is perfectly common for both parties to hire separate attorneys or possibly even the same one to oversee an uncontested divorce. In a sense, it’s like hiring a neutral third party to hear the individual cases as to why one person deserves something while the other deserves something else.

Regardless of whether the case needs a court, divorce has the potential to be a very expensive prospect. Factoring in a series of administrative fees and the cost of even an economically priced divorce lawyer, a single person could be looking at upwards of tens of thousands of dollars when all is said and done. Seeing that the average person usually has a budget to consider, it is obviously best to find the right legal counsel, for the right price, or decide whether you need one at all.