Divorcing couples are often unaware of the differences between an uncontested divorce and a contested divorce and how much this influences the expense of divorce. Having a lawyer dedicated to working in your best interests ensures a smoother, quicker divorce and saves you time and money.
An uncontested divorce is one where both parties agree to the divorce and have a mutual agreement on all of the issues concerning the divorce. A lawyer may or may not have helped the couple reach this agreement. The couple agrees on the division of marital property, asset and debt division, child custody, and child support. This type of divorce is much quicker than an uncontested divorce, often resolved in a matter of weeks vs. months or years compared to a contested divorce. The couple spends less money on attorneys fees and court filing fees as there is far less reasons to be in court.
A contested divorce, however, is far more costly. The couple does not agree upon the major issues concerning property division and child custody and support; therefore, these matters have to be litigated with lawyers and decided by a judge. Any time an issue is to be decided by another, that creates uncertainty in the outcome. Judges are concerned with equitable division in marital property, and resolving child support and visitation in “the best interest of the child,” not what makes the parents happier.
It is far better for couples to reach an agreement on these matters beforehand if at all possible. And agreement does not mean that the couples have to do it on their own. Lawyers from both parties can help the divorcing couple resolve the major and minor issues that are disagreed upon.
Whether contested or uncontested, having a lawyer that is experienced, capable and compassionate of resolving the matter in you and your children’s best interest is important in ensuring your legal rights are protected. Contact Sheena Gamble, Attorney At Law for a consultation to provide the representation you need.