How Do I Avoid a Contested Divorce?

A contested divorce is one way to dissolve a marital union. This is a divorce in which one spouse prevents dissolution from proceeding or both parties agree to divorce but disagree about how issues related to the divorce should be handled. A contested divorce is usually characterized by heightened emotions, stress, and frustration. Fortunately, there are ways to avoid it.

Uncontested divorce is an alternative way to dissolve a marriage. This is a divorce by agreement in which the spouses also agree on the way to handle divorce issues including property division, spousal support, and child custody. A divorce that is not contested usually has a streamlined paperwork process that involves filing the property, spousal support, and child support and custody information with the statement of the grounds for the divorce.

Contested DivorceIn addition to saving time through fewer legal negotiations and proceedings, this type of agreed divorce saves money. Though it is advisable for the spouses to get uncontested divorce help from an attorney, the streamlined nature of the procedure reduces attorney charges and court costs. It can also reduce conflict and stress, allowing the couple to emerge from the process relatively unscathed.

The easiest way to avoid a contested divorce is for the couple to work out the most contentious issues themselves without any court intervention. In addition to dividing property, making child custody arrangements, and determining amounts of spousal and child support, this includes assigning communal debt. When children are involved, a family court will then review the uncontested divorce and conduct interviews to make relevant determinations that are in the best interest of the children.

By agreeing with each other at every point during the divorce process, spouses avoid the complexities of contested divorce and the higher degree of court intervention required. However, it is still important to get uncontested divorce help from a family law attorney. This ensures that individual rights are considered and relevant concerns are addressed during the divorce. It can also prevent an unexpected issue or situation from causing the divorce to become contested.

Attorneys are skilled at helping clients to divorce without fighting or even disagreeing about issues. When situations get heated, divorcing spouses should work through their attorneys to prevent the situation from escalating. Doing so allows them to reduce stress and save money by keeping the divorce uncontested. They will be able to get on with their separately lives quickly and with few residual effects.

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About the Author

Andrew has a strong understanding with family law matters including Divorce, Child Custody, Child Support, Visitation, and Father’s Rights.

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