Just as there are a variety of types of marriages, there are numerous different types of divorces. Some divorces are a result of one spouse having an affair, while other divorces occur because the couple simply grows apart. The end of their marriage comes as a total shock to some spouses, while others have known it was coming for years. If you are in a situation where you and your spouse are not on the same page about how you want to end your marriage and move on with your life, you may be facing a contested divorce. Contested divorces are much more complicated and time-consuming than uncontested divorces, and a person going through this type of divorce is strongly encouraged to hire an experienced family law attorney.
Contested Divorce vs. Uncontested Divorce
Couples going thru a divorce who agree on subjects such as property and debt division, the allocation of parental responsibilities, parenting time, child support and spousal maintenance generally do not have to go through numerous court hearings or extensive legal negotiations in order to end their marriage. The court’s main purpose when it comes to divorce is to make rulings about issues on which couples disagree. There is usually no need for far-reaching court involvement when couples are willing to cooperate and compromise.
Contested Divorce
If one or both spouses dispute some aspect of their divorce and the couple cannot come to a compromise or agreement, they will probably be facing a contested divorce. An individual who wishes to divorce his or her spouse will need to first prepare and file the divorce petition. This is the legal document which formally requests the divorce. The person’s attorney then engages in the “discovery” portion of the divorce process, which involves gathering information about each spouse’s financial situation. Then there may be pre-trial legal motions and hearings. During this time, the attorneys will also attempt to negotiate a settlement.
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