Divorce is one of the most common legal procedures being done today. In its legal definition, it pertains to the dissolution of marriage. While it is tragic in many cases, it can also be liberating in some. No matter the case, the end result is still the same when the bonds of marriage are undone.
Of course, this process produces a lot of sensitive issues and long-lasting consequences. This article delves into the different types of divorce, paying particular attention to the process of dealing with a contested divorce.
In order to further elaborate on the process behind a contested divorce, let us examine what it means and what it entails for the parties involved.
Types of Divorce
Many people do not realize this, but there are actually two kinds of divorces depending on how the case itself goes. First, there is the uncontested divorce. Typically, under this type of divorce, both parties are able to reach an agreement on the pressing matters arising out of the divorce. This would typically include the division of debts, marital property, child custody, visitation rights, child support, as well as spousal support or alimony among other things.
On the other hand, there is the contested divorce. Needless to say, this is more complicated and can entail a long and drawn-out legal battle. It comes about as the parties are unable to reach an agreement regarding the issues mentioned above.
Now, as you may have surmised, a contested divorce occurs when one or both spouses dispute some of the specific aspects of the divorce. These reprehensions and contestations must be taken into account and processed by the court. Therefore, because of the additional steps to the process, the divorce proceedings take a lot longer to finish.
We do not exaggerate when we say that the process of a contested divorce is a complicated one. There are a number of things you need to do if you want to get through it. First, you have to prepare the divorce petition that will later be filed and served to your spouse. This is the legal paperwork that formally states your request for the divorce and stating the grounds.
Your spouse will then be given ample time to respond to the petition. After that, the information gathering process will start. This part entails a number of legal procedures in order to secure the necessary information. So, expect to deal with subpoenas, written questions, and depositions.
Settlement proposals and negotiations are put in place before the court trial starts. Now, you will be given a final chance to resolve things amicably. If not, then the judge decides on who gets what, and how much.
All of these things simply mean that you will have to deal with additional levels of personal stress and increased legal expenses as you deal with a contested divorce. Usually, for an uncontested divorce, the couple can facilitate the process on their own, without the help of lawyers. Unfortunately, the same cannot be said with a contested divorce, for obvious reasons.