Sunday, November 28, 2021

Contested or Uncontested Divorce: What Could Work for You?

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Divorce deals with challenging issues like property division, child custody, marital debt, or spousal or child support payments. Although each divorce involves certain levels of disagreement, a lot do not need to end up in court to resolve such issues. If you are considering a divorce, it is important to understand the difference between contested and uncontested divorce to choose the easiest divorce for you. No matter which type of divorce you choose, a Massachusetts Divorce Attorney can help you with the legalities and paperwork. 

Deciding the Type of Divorce to Go Through

If you and your spouse have decided to call it quits and have reached compromises to your divorce terms without going to court, then you are going through an uncontested divorce. This is a less costly and less time-consuming type of divorce than its contested counterpart. In an uncontested divorce, you both have to go to court to make decisions and resolve your issues. 

An experienced divorce attorney can help you work out the terms of your divorce without court intervention. They will be your representative during arbitration and mediation. Your lawyer can negotiate your terms and compromise with your spouse and their lawyer. This approach will help you and your spouse save time and money because you can avoid further litigation

Mediation means you meet with your spouse and their attorney to create a marital settlement agreement. This agreement will have your respective conditions and terms. You and your spouse will review the terms of the other to reach an agreement. When this is possible, a Final Judgment of Divorce will be granted by a court. 

While many people successfully eliminate legal costs and go through a divorce by themselves, sometimes, this is not in the best interest of the couple. Every divorce is different, so you must make careful considerations. 

How Does a Contested Divorce?

A contested divorce is often the option when there are complex issues, significant financial stakes, and high-value assets involved. This can happen when mediation does not work for the couple. If you end up in a contested divorce, make sure you have an attorney on your side, especially if your spouse has their own. 

A judge may view property division or child custody differently than you do. If you must go to court, somebody must advocate your side strongly as you face a judge. To decide how property and assets are divided, the court will consider the length of your marriage, the needs of both parties, the contribution of every part to assets, the needs of the children, and why the divorce is initiated. 

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