Legally ending a marriage can be a complex process. After filing for divorce, there are numerous issues that will need to be addressed and resolved, and specific legal procedures will need to be followed before a family court judge will issue an order terminating the marriage. In general, there are two potential approaches that may be taken during this process, and spouses may pursue either a contested divorce or an uncontested divorce. By understanding how these approaches differ and the potential benefits and drawbacks of each option, a person can determine what they will need to do to complete their divorce successfully.
Contested Divorce
A contested divorce is one in which the spouses cannot agree on certain terms related to the end of their marriage. These disagreements may be related to issues such as child custody, property division, alimony, or any other matters that will need to be resolved before their marriage can be dissolved. When negotiations between spouses reach an impasse, they may bring these matters before a judge and ask them to make the final decisions. A divorce trial will then be held in which the spouses' attorneys will make arguments on their behalf, each side will question and cross-examine witnesses, and evidence may be presented. The judge will determine how all outstanding issues will be resolved, and they will then create a divorce judgment and terminate the marriage. A divorce trial can be very expensive, time-consuming, and emotionally draining, and it is often a last resort when all other options for resolving disputes have failed.
Uncontested Divorce
In an uncontested divorce, a couple will be able to reach agreements on how all issues in their case will be resolved, without the need for court intervention. A couple may use a variety of methods to create a divorce settlement, including negotiating with each other with the help of their attorneys or using mediation. With an uncontested divorce, spouses can typically avoid a lengthy trial process. Once they have reached agreements on all outstanding issues in their case, they can attend a hearing where a judge will approve their settlement and terminate their marriage by issuing a divorce decree.
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