Divorce: Contested vs Uncontested
If you are considering a divorce, you may feel frustrated, angry, confused, and overwhelmed. In many cases, you likely have heard that divorces are brutal, adversarial battles that involve bitter conflicts over child support, child custody or the division of property. However, even if you are facing a divorce unwillingly, there is hope to have a more amicable divorce. While having an uncontested divorce is not always possible if both parties do agree, making the decision to have an uncontested divorce can save time, money and spare emotional pain.
The truth is that most couples getting divorced end up having contested divorces. These divorces are where both spouses can simply not agree on major portions of the divorce process such as spousal support, child support, child custody arrangements, or the division of property and debt. If there are issues that are simply unresolvable through cooperative means, then a contested divorce is necessary to ensure that both parties’ rights are protected.
Contested divorces take much more time, and cost more money, however, there are some distinct advantages to a contested divorce. Contested divorces ensure that “financial discovery” will take place, which is where a spouse must completely and fully disclose their finances under oath. Oftentimes, one spouse will hide assets and debts from the other spouse during the course of the marriage. Financial discovery ensures that the other spouse learns of these financial matters and has the right to some of the assets if appropriate.
Additionally, contested divorces will always have each spouse represented by legal counsel. Having legal representation in the divorce process will ensure that both spouses’ rights are protected when it comes to not only finances, but also child custody matters.
In most cases, divorces are not completely amicable, but both parties may agree on almost every major issue involved in the divorce process. If there are any remaining issues, mediation is a possibility to save time and money as well. It is important to note that uncontested divorces will still need to be filed with the court in the state of Florida. The process will take a considerably shorter period of time, and only one spouse will need to be present before the judge if all the important matters are completely agreed upon. The judge will typically ratify any agreement that both spouses have made that ensures that all of their rights are protected, and the decision seems fair. However, even in the case of an uncontested divorce, it is always a good idea to retain legal counsel, to ensure that your right are protected under the law.
Contact an Experienced Divorce Attorney
If you are considering a divorce, you may have a lot of unanswered questions. There may be a way to avoid a great deal of cost and time through an uncontested divorce, however, visiting with an experienced divorce attorney will help you make that determination in your unique set of circumstances. Contact the experienced Fort Lauderdale divorce attorneys at the office of Joyce A. Julian, P.A. at 954-467-6656 or visit us online to schedule a free consultation to discuss your legal rights within the divorce process.