Is Your Divorce Contested Or Uncontested?
An uncontested divorce is an ideal many couples hope for as they approach the process of dissolving a marriage. Deciding to divorce is one thing; carrying it out is another. A husband and wife may wish for a smooth, quick divorce for financial, practical and emotional reasons. If a couple agrees on all the terms of a divorce, the divorce may be considered uncontested and the legal steps needed to complete it may be streamlined.
Talk To A Lawyer To Determine If Your Divorce Is Truly Uncontested
Take careful note: Family law representation is important even when you believe you may have an uncontested divorce. You should consult with a family law attorney before making definite agreements or taking actions (such as moving out of the house, agreeing to visitation schedules or selling assets).
When An Uncontested Divorce Becomes Contested
You may, in fact, discover that you and your spouse have disagreements on essential issues having to do with property division, spousal support, debts, and care and support of your children. Common points of disagreement between spouses who believed they would have an uncontested divorce include:
- Division of retirement assets
- Visitation of the children or child support
- Health insurance issues
- Control of family property or any asset with strong sentimental or practical value to either spouse or both
- Possession of family pets or livestock
- Division of business and investment interests
- Responsibility for debts
- A workable solution for the marital home and the equity
How To Resolve Contested Issues
If you and your spouse do not agree on one or more points necessary to complete a divorce, a skilled and caring family law attorney can assist you through a path to resolution:
- Negotiations by which you arrive at an agreement
- Court-ordered counseling
For many couples, mediation is a preferred path. The choice to mediate does not mean a divorce is uncontested. Instead , it refers to the method of arriving at a settlement.
In a mediation:
- Each spouse will have an attorney. Most of the time, the mediator will shuffle between the rooms of each party with the attorney being in the room of their client to guide their client in the negotiations.
- The mediator is committed to being neutral and conversations with him are confidential.
- Mediation has benefits that are not available in court. With mediation, you have control over the outcome. In court, it is a gamble. You do not have control over any part of the outcome; it is up to the judge or jury. Plus, not going to court saves money.
- The Mediated Settlement Agreement, once signed by the parties, is binding and not revokable.
Get The Answers And Advice You Need To Move Your Divorce Forward
No one enjoys the process of divorce. When a marriage dissolves, however, the legal aspects of divorce become part of what is necessary to get to the other side: a new beginning. Call the Law Firm of Mysti Murphy at 210-807-8227 or email us to schedule a consultation and discuss the best way forward toward completion of an uncontested or contested divorce.