Understanding Contested vs Uncontested Divorces

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Many people believe that all divorces are adversarial, bitter battles that can take months or years to complete as both spouses argue over child custody matters, child support calculations, alimony calculations, and the equitable division of assets. However, there are other instances where a divorce can prove to be a nearly seamless legal experience only involving paperwork. While any marriage can be ended by one spouse the decision to have a contested or uncontested divorce has to be decided by both spouses together. Although you may be frustrated and angry that you are going through the divorce process, take the time to consider whether or not having a more amicable, uncontested divorce could save you money, time, and additional stress.

The Basics of a Contested Divorce

In most cases, a divorce is a contested divorce. A contested divorce in the state of Georgia is one where the spouses have at least one area in which they can not completely agree. In most cases, these areas include child custody arrangements, child support calculations, spousal support (alimony) determinations and calculations or the division of assets and debts between the spouses. Because spouses typically have at least one area in which they will not fully agree, most divorces are considered contested divorces.

There are, however, some benefits to a contested divorce. While a contested divorce will take longer and cost more money, both spouses must submit to a complete financial discovery which will list all of their assets, financial statements, and debts. As a result, if one spouse is hiding any kind of finances or income, this financial discovery will identify these additional pockets of financial resources for the other spouse.

Contested divorces typically have both spouses represented by legal counsel to ensure that their rights remain protected regarding all of the substantial issues involved in a divorce.

The Basics of an Uncontested Divorce

Some spouses are able to come to an understanding and agreement regarding all of the major issues regarding child support, child custody, and the division of their assets, they have the legal right to file for an uncontested divorce in the state of Georgia. The process will cost less and take less time, and only one spouse needs to appear before the judge if all substantial issues are resolved and both spouses agree.

However, it is important to consider whether or not you want to have legal representation or legal counsel even if you are in the process of an uncontested divorce. At any moment, events in your divorce can change and you may find yourself quickly in a situation where an uncontested divorce becomes a contested one. Having legal representation can ensure your financial rights and your parental rights remain protected.

Contact an Experienced Family Law Attorney

If you are unsure of how to move forward with your divorce, visiting with an experienced family law attorney can help you determine your next steps. Contact Moffitt Law, LLC to help ensure that your legal rights remain protected.  Contact us online or at (762) 208-5723 for a free consultation.

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