Uncontested versus Contested Divorce

Ending a marriage is far from a simple decision. With so many different factors to consider, from finances and child custody to the division of property, it is common for issues to quickly and easily arise. However, there are instances in which divorce proceedings can go on without a hitch, and the couple can come to a simple and amicable agreement. As you begin the steps of filing for divorce, it is important to understand the differences between an uncontested and contested divorce.

Uncontested Divorce

When a couple can reach an amicable decision about the agreements of their divorce before going to trial, it is considered to be an uncontested divorce. Since an uncontested divorce allows you to avoid the back and forth of court, this route is often quicker and cheaper than a contested divorce. 

However, a couple may not be eligible for an uncontested divorce if factors such as alimony, child custody arrangements and child support need to be agreed upon. Even one, small disagreement on any of these terms would disqualify you for an uncontested divorce. Since these are topics that generally cause a lot of discrepancy between the two parties, the likelihood of the divorce proceedings being completely uncontested can be relatively low. 

If you are going through an uncontested divorce, it is still important to consult an experienced attorney. Divorce is complicated, and no matter what, it is always an emotional and stressful process. Having an experienced attorney to represent you ensures that your best interests are being properly advocated for. You may be feeling pressure to end your divorce quickly, and an uncontested route is generally the quicker way to get there; however, it is so important to consider every avenue and option. If an attorney is not consulted, there are much higher risks of something going wrong or facing a future of regret about the way the proceedings were handled. 

Contested Divorce

When emotions are high, they can cloud judgment and add additional stress to any situation, and this is even more likely to occur in divorce. When a couple is unable to come to an agreement before trial, they will proceed with filing a contested divorce.

Emotions can easily cloud judgment and add additional stress to a situation, and this can make it difficult to find a resolution, especially in divorce. Contested divorce cases require intervention from attorneys and the court system in order to come up with an arrangement, especially when children are involved. The couple will go through mediation and court hearings to come to a resolution for the terms of their divorce. If mediation is unsuccessful, the couple and their attorneys will present their arguments to a family law judge, who will make the final ruling on the terms of the divorce.

If you are going through a contested divorce, you will likely need to seek an experienced attorney. Every divorce case is unique and presents its own set of challenges, and attorneys know how to handle even the most complex of cases. An attorney can represent you and ensure that all of your needs are being properly advocated for, and they can do so without being bogged down by overwhelming emotions. 

If you are in search of an attorney to help guide you through the process of divorce, call the Law Office of Joseph Cerino today at (239) 561-2820.

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The law office of Joseph Cerino handles all matters of litigation, concentrating in family law including divorce, custody, child support, paternity, alimony, property division and domestic violence, as well as, criminal defense and appeals in Southwest Florida.

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