Divorce is a confusing process for many people, and there are factors that are involved that you might not be aware of. One of the main considerations related to the seperation process is whether or not the divorce is contested or not. These two kinds of divorces follow a slightly different process, so it is important to know which kind of divorce is which.
Your divorce attorney in St. Louis, MO, will help you navigate the seperation process, regardless of whether your divorce is contested or uncontested. However, the more you know about the divorce process in advance, the easier it will be to avoid stress while your divorce is being completed.
Both kinds of seperations require a discovery period, the collection of evidence, and the creation of a settlement demand that seems like it will be accepted by a judge or the other party involved in your divorce. You will need to be clear about your goals for your seperation, whether you are involved in a contested or uncontested divorce.
What is a Contested Divorce?
A contested divorce is the kind of seperation that everyone thinks of first when someone mentions the word. In contested divorces, the two parties, who are also former spouses, do not agree on the division of property, parenting time, or finances. This means that the divorce will not be finalized outside of court. Contested divorces are far more expensive for both parties in most cases due to the cost of preparing materials to be presented to the court and the need to have a judge actually hear arguments in favor of each side.
There are downsides to a contested divorce beyond the extra cost. Many people are not aware that they will lose a lot of the flexibility that is possible during mediation by progressing to a contested divorce. When you end up taking your seperation to court, the judge has the final say about how your assets, finances, and parenting time.
While you can appeal their decision, you will also need to remember that this costs additional money and adds further delays and stress to your experience. Contested divorces are never the goal of lawyers. Your legal team will also seek to decide the seperation outside of court to help with costs and stress and to help ensure that you are able to get the result that you want from your seperation settlement.
What is an Uncontested Divorce?
An uncontested divorce, as mentioned above, is always the goal of the legal team involved in your seperation case. These divorces are settled outside of court by the lawyers and the judge, which saves time, money, and stress for everyone. You will have a greater degree of control over the process of crafting the divorce settlement if you and your spouse can work together as the details are worked out.
While there are instances where it is impossible for former spouses to agree and the case has to move on to a trial phase, there are many, many divorces that are determined outside of court in this manner. This is the best way to make sure that you can get the settlement that you have been looking for and to make sure that you are going to be able to afford to take care of yourself and spend time with your kids.
Your lawyer will work hard to present your case and demands to the other legal team involved in the case. Typically, both sides will make arguments for the things that they want, and then mediation is done to help with compromise where required in order to finalize the seperation process.
Mediation can also involve experts who are good at resolving conflict and who can help to devise an agreement that both parties are happy with. You might be surprised at just how much you and your spouse are seeking the same outcome for your seperation once you have a mediator working on your case.
How Are Divorces Finalized?
When your divorce agreement is complete and agreed upon by both parties or handed down by a judge, your divorce will then be signed off on by the judge. The paperwork for this step of the process is called the dissolution of marriage, and it will be completed 30 days after the paperwork is filed.
The waiting period after the court hearing or the mediation work is to ensure that there is no need for final hearings or other legal processes like appeals to take place. There is an option to pursue an uncontested divorce on your own without legal counsel, but this can delay the process and can make it tough for you to secure a settlement that actually includes everything you were hoping to get.
This is also not a good option if you have children, as a parenting plan needs to be made with the help of a lawyer and a judge. You will need to consider very carefully the many cons of trying to handle a divorce on your own compared to letting your lawyer tackle this complex process for you. In nearly every divorce case, there are many considerations that are not readily handled by the average person without any legal background.
Contested and Uncontested Divorces Require Different Processes
If you are getting divorced, you need to figure out if you can agree with your spouse about the divorce process well enough to enjoy reduced legal fees and a shortened timeframe for the divorce process. Ultimately, the decision may be taken from you if your spouse is not willing to be accommodating, but you should consider this your best and most affordable option for the divorce process.
Your lawyer can help you to get the best possible divorce settlement for you and your kids if you have any. The divorce process is stressful enough without adding additional chaos by trying to handle your divorce all alone. Working with a skilled legal team can help you to navigate the divorce process more effectively and with better long-term results.