Contested And Uncontested Divorce: The Difference and Finding Lawyers

A divorce can be a tough time for any family, regardless of the reasons behind it. There are always going to be strong feelings of loss and upheaval, with people on both sides struggling to deal with the next steps. This is true even for those who claim to be completely on the same page. You could be 100% sure that it’s the right decision and able to end the marriage without hard feelings, but there’s still a lot to consider socially and financially.

The prospect of calling on divorce lawyers for help may sound extreme in those amicable situations where there is nothing to fight over. It could also sound like a necessity if all you are doing is fighting and seeming to get nowhere. A skilled divorce lawyer can help you manage the situation, whatever the circumstances and whether you are dealing with a contested or uncontested divorce. Here’s a quick breakdown of the difference between the two and hiring the best divorce law specialist in your area.

What Is A Uncontested Divorce?

Let’s start with an uncontested divorce, which is what most married couples will hope for when parting ways. It’s the best-case scenario out of the two, but it’s not necessarily easy. Here, couples can amicably agree on the terms of their divorce and may settle out of court with relative ease. They’ll meet formally when both parties sign that they’ll meet the agreed terms and then move on with their lives as stated. Each party can bring in a lawyer during these sessions and consult with them beforehand. They can act as valuable mediators in meetings and ensure that proceedings are fair.

Lawyers can also go over claims and evidence to be sure that one party isn’t trying to take advantage of the other. This can happen in cases where divorces that appear pleasant and uncontested actually have a deeper issue going on. It may be that one spouse is controlling the other and trying to get away with too much. This could put the other in a weaker position in the future unless both parties get fair representation. Family and friends in these situations can help by advising both partners to get legal help.

What Is A Contested Divorce?

The opposite of an uncontested divorce is a contested one. This is where things can get a lot more heated and hard to manage. It’s where divorce lawyers become more of a necessity. Contested divorces arise when there are conflicting views and arguments over the best way to finalize everything. It could also be that one spouse simply refuses to go along with the process out of denial or even spite. These situations often result in court proceedings to obtain a ruling. A divorce lawyer can help in various ways with contested situations. They are there for those looking to file for divorce, can work on obtaining evidence for claims, and aid in negotiating settlements. They are also able to deal with litigations and appeals if the result isn’t final or amicable.

Many marriages end with contested divorces because of the many legal and financial issues surrounding the relationship. Divorce proceedings rarely focus purely on the need not to be legally bound together. It’s about everything acquired together since tying the knot. A lot of this is financial, with arguments over how to handle savings, assets, and property. This becomes even more problematic when couples are in business together. In an uncontested divorce, partners may find they can work together and divide up a business with ease outside of the marriage. Still, it helps to have everything written in a clear settlement so one partner doesn’t end up taking advantage of the other.

Contested divorces can also become ugly when there are children involved. Custody battles need to be dealt with as sympathetically and efficiently as possible to avoid suffering. Still, it’s understandable that both parents would fight for fair access and for the best care of their child. This can result in agreements on how often the children get to stay with each parent and how much child support is involved. Those agreements aren’t easy to reach if there are financial hardships or concerns about new relationships.

Finding The Best Divorce Lawyer For The Job

There’s clearly a big difference between contested and uncontested divorce proceedings from an emotional point of view. At the same time, there are many similarities when it comes to dealing with the particulars of a settlement. That’s why both forms of divorce require a skilled divorce lawyer. These experts can work with you and your former partner to go through everything that needs to be considered. They’ll leave no stone unturned while dealing with shared assets and anything else that needs a formal agreement.

Remember that even if you’re parting ways amicably, something may rear its head in 5 years that you hadn’t considered. It’s better if a divorce lawyer goes over that legality now and you have a clear decision, especially if you’re both with new partners in new states in 5 years. A skilled and empathetic divorce lawyer can ensure that all loose ends are tied up and that they are the best they can be when you sign the divorce papers. That way, you can both move on with a lighter heart and clearer conscience.

Hiring the best divorce law team to handle these settlements doesn’t mean that the process will suddenly become easy. There’s still going to be a lot of stress and uncertainty while dealing with your soon-to-be ex-spouse face-to-face. That only heightens when you end up in court, or there are young children involved. However, hiring the right lawyer does give you someone to lean on who’ll take a lot of the strain. You should have the reassurance that you’ll get the best result for all concerned.

So, if you and your partner know it’s time to bring things to an end, start by hiring a divorce lawyer. Let them guide you in the right direction and mediate any meetings. Even if the divorce is uncontested and seemingly simple, let them help you avoid any possible issues and end on the best possible terms.