For any given case, divorce can either be uncontested or contested. When a couple decides to have an uncontested divorce, they only go through a simple process by agreeing on their issue before a final legal divorce is made. This is more cordial since they can use a mediator to help them resolve those issues and avoid litigation. If mediation is to work, both couples must cooperate. On the other hand, if these couples are unable to come into an agreement on all or some of the issues regarding their divorce, they may decide to go for the contested divorce. These disagreements commonly arise from child support, spousal support, and division of assets or other parenting schedules. So if you want to stay away from that then you can take the help of child custody lawyer.
The Uncontested Divorce Versus The Contested Divorce
In an uncontested divorce, both spouses agree to come into agreement about all issues regarding their divorce. But it’s worth noting that not every uncontested divorce runs smoothly. The process becomes simple only if there are no children involved or the assets to be divided are very few. Meaning there are no real properties such as rental properties and others. Again, it can also be straightforward if both spouses are self-supporting. That is every spouse can comfortably support themselves financially. Some states have strict procedures on such simplified procedures. If you’re wondering whether you can change your divorce from uncontested to uncontested, it’s advisable to look for top family law lawyers in Toronto to help you decide on whether your decision is valid. Uncontested divorce has its own advantages:
- It is less expensive
- Your case will be private and confidential
- The divorce process is faster
- It’s less emotional
However, if one spouse has a history of domestic violence, have some issues for emotional abuse, uncontested divorce may not be the way to go. This is because on spouse will most likely take advantage of the other spouse. On the other hand, the contested divorce also has its own advantages:
- Each spouse will have a chance to reevaluate their thoughts rather than just accepting and signing the agreement. In an uncontested divorce, everyone is trying to avoid disagreements, so some important issues may be overlooked
- You have the chance to fight for equality in case of any biasness
- A court process is useful in case one party has a history of domestic violence
Though the above benefits, going to court may emotionally drain both parties rather than when they would have gone for negotiation or a settlement. The couples also need to be financially prepared since the contested divorce is much more expensive compared to an uncontested divorce. Again, the process takes more time
Can The Process Of Uncontested Divorce Be Stopped
Most times, as the divorce progresses, one or both parties may come to a realization of disagreements arising. Any spouse may decide to stop a divorce process at any time. This is if he/she is not contented with how the process is being carried out. Since everyone has his/her own opinions, mediation may not bear fruits. The spouses may need the help of a judge in such circumstances. A divorce process can be stopped as long as the court has not given a divorce decree. Though moving from uncontested to the contested divorce may cost more money, it’s important to the spouse who is not receiving a fair treatment of marital settlement agreement. If your spouse decides to do move from uncontested to contested, you may have no other choice other than to accept that. When an uncontested divorce becomes unrealistic, them moving to contested divorce is the only alternative. If you have major disagreements with your spouse, you may not have a successful uncontested divorce. By working with skilled family lawyers, you can be able to come into an agreement on what would be the best decision. Even before you conclude that uncontested divorce is not working and decide to move to contested, consider whether you can settle certain issues without going to court. A good family lawyer may assist in this. It’s better to limit the number of issues a couple have to fight over to ensure they save on cost and also reduce unnecessary conflicts.
Considering To Change From Uncontested Divorce To Contested Divorce?
If you decide to switch from uncontested to contested divorce, your time and money will be affected. To avoid the stress of doing this alone, you may choose to hire an experienced family lawyer who can advise you on what to do. Again, after self-evaluation, you may decide to do away with the contested divorce, you still need a lawyer to help you go through the uncontested divorce with ease. Regardless of your decision, look for a good lawyer who will help you get what you deserve and make your life easier.