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CONTESTED vs. UNCONTESTED DIVORCE

When a couple is considering divorce, there are usually a series of decisions which have to be made to ensure that the divorce process goes as smoothly as it can. Most often than not, divorcing couples are advised to seek the counsel of divorce attorney Scottsdale AZ to ensure that the case and individuals involved remain on the right side of the law.

However, as part of the major decisions which needs to be made comes the issues relating to assets division, debt division, spousal support/alimony, child support and child custody issues alongside visitation rights.

If the separating couple come to an agreement before trial with regards to the various decisions which have to be made in line for the divorce case to sail through, then this type of divorce can be regarded as an uncontested divorce.

On the other hand, if one or more of the issues to be deliberated upon ends in a deadlock, with either or both parties failing to reach an agreement before trail, then, it becomes as contested divorce. Make no mistake however, a divorce case can start off being uncontested and later end up being contested due to a wide variety of reasons which may have affected the decision of one or both parties involved.

In some case, the couple may find themselves disagreeing over the demand for the divorce itself. In the event of a contested divorce, the judge will not require that the couple stay maries if one of the parties seeks to challenge the grounds upon which the divorce case in itself was filed.

With some states having the no-fault divorce, which means there needs to be no reason for one or both parties to seek divorce, it is only a matter of time before either or both parties get divorced. However, in such cases as this, one party may make the process longer by failing to agree on some fundamental issues which can help speed up the process.

To better understand the differences between contested and uncontested divorce, read below:

One of the greatest disparity between contested and uncontested divorce is the time taken to finalize the process. While uncontested divorces are generally shorter in time frame, a contested divorce may drag out longer due to the lack of agreement between both parties with respect to some fundamental issues which will lead to the divorce pronouncement. The fact that an uncontested divorce does not require trial additionally shortens the time frame.

Uncontested Divorce

Another major difference is the extent to which the outcomes can be appealed. In an uncontested divorce, both parties have agreed to the terms of separation thus making the outcomes invalid for appeals, however, in contested divorces, the outcomes of the divorce can be appealed depending on a wide range of factors.

 

Contest Divorce

In contested divorce cases, the judges decide on the final outcome of the case as both parties do not settle to reach an agreement. The judge may prioritize some concerns over others based on what is perceived to be more important in cases such as this.

While there are benefits to uncontested divorce, sometimes, it may be impossible to reach an agreement with a separating spouse and this may call for disagreement leading to contested divorce cases.

To learn more about handling both contested and uncontested divorce cases, visit https://tiffanyfinalaw.com

Tiffany Fina Law Firm

7411 E 6th Suite 103

Scottsdale, AZ 85251

480.744.7442

 

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