When it comes to divorce, uncontested and contested are similar, so you might wonder why you should choose one over the other. However, if you’re adamant on one side, you may end up with a less amicable divorce than the other. Whether your divorce is contested or uncontested, both ways will require you to compromise and come to a settlement.
A contested divorce is required in order to get a court decision on the custody and visitation of your children. This decision is made based on the child’s best interest, which involves analyzing the needs of both parents, their ability to provide for them, their preferences and past behavior. It can also be advantageous for the children if both parents are willing to cooperate with the process. It can be stressful for the children, but if everything else goes smoothly, a contested divorce may be the best choice.
One of the biggest reasons to choose a contested divorce is that it is faster than a noncontested divorce. This does not mean the process is less emotional; it simply means that the parties are willing to agree on the terms of the divorce. However, it’s worth considering that a contested divorce can take months or years. You might have to hire a lawyer to make sure everything goes smoothly. But the results of a contested divorce can be extremely beneficial, and you’ll get the final decision much sooner than you would if you just opted for an uncontested divorce.
Spousal support is another common source of disagreement in contested divorces. In order to receive spousal support, the spouse seeking it must demonstrate that he or she made a significant sacrifice during the marriage. For example, the spouse who had a child with a disability needs to show that he or she took care of the child. The court may approve the spousal maintenance request if the other spouse can prove that this happened due to legitimate reasons.
When deciding on divorce, the cost of a contested divorce is also a major consideration. Some contested divorces cost upwards of six figures, and most people don’t want to spend that much money on a divorce. Keeping things amicable is a good idea when the parents are still close. Besides, the children might end up having to play peacemaker. An uncontested divorce makes things easier for everyone involved, especially if they are young.
Ultimately, a peaceful divorce will lead to a better relationship between both partners. While a contested divorce is likely to take longer, the process will ensure that you get a better settlement. And in the long run, you’ll have a much better relationship with your ex-spouse and your children. If the divorce is contested, the children will be more likely to feel the pain and anger from both sides.
If your spouse is abusive, a contested divorce will not be easy. He or she may try to interfere with your divorce or even manipulate the police to gather phone data about you. During a contested divorce, you’ll need an experienced divorce attorney who can protect your legal rights and minimize any interference from your ex. A qualified attorney will also make sure that the divorce goes smoothly without any interference from the abusive spouse.
When it comes to paperwork, you’ll have to complete many forms in a contested divorce. First, you have to file a divorce complaint with the court. Once filed, the plaintiff must serve his or her spouse with the complaint. Typically, this takes anywhere from six months to two years to finalize. And, depending on the type of divorce, the process can take months or even years.
The process for an uncontested divorce varies from state to state, but it typically requires a signed settlement agreement to be filed with the court. You will also have to file a petition with the court. You can also waive the filing fee in most jurisdictions. You will also need to have finalized marital settlement agreement before filing a contested divorce petition. Ultimately, you must make a decision as to which type of divorce is the best for you.
Taking a Contested Divorce is not for everyone. The decision will likely be based on your best interests, but you will have to take the time to argue your case. A trial is not a good choice for every couple, but if you feel you have the best chance of getting the divorce settlement that you deserve, you might want to consider a trial. If you’re ready to go to trial, you should consult an attorney and discuss your options.