Contested vs. Uncontested Divorce

deciding whether litigation is necessary

How This Makes a Difference

Many times, when we first meet potential clients, their first question is, “Do we have to go to court?” The answer is, it depends. Divorces, like marriages, are all different and everyone is handled in a different manner because of the different personalities and goals of the spouses. While there can be an amicable resolution regarding the matters to finalize a divorce in some cases, in other cases litigation is necessary to secure a result that is unable to be reached by agreement of the spouses.

Contested Divorce

Often the contested issues in a divorce case are the amount of spousal support that should be awarded, payment of the other spouse’s attorney’s fees, and child custody issues. In some cases, if a spouse knows that the other spouse will simply not acquiesce on any point, it makes sense to approach the divorce from the beginning knowing that it will likely end in litigation.

Contested divorced differs from uncontested divorce in that it is more time-consuming, typically costs much more, and causes more of an emotional strain on the family. However, it is sometimes needed to address challenging issues, such as where a spouse refuses to provide relevant information to determine financial issues in the case, or where a spouse refuses to orders that will protect the children from abuse or domestic violence.

Uncontested Divorce

In the best-case scenario for a divorce, both parties will come to an agreement on all major issues that must be decided. Unless the agreement violates the law or public policy, generally a family court judge will likely sign off and approve of the decisions made between the two spouses and finalize the divorce in accordance with their agreement.

Uncontested divorces take substantially less time and money; however, you should still seek legal representation in order to ensure that your legal rights are protected during this process. In some cases, uncontested divorces become contested divorces quickly. Having legal representation can ensure that your rights to your children and your assets remain protected.

Contact an Experienced Orange County Divorce Attorney

Both contested and uncontested divorces can take an emotional and financial toll. Learn how your legal rights can remain protected in either case by contacting an experienced Orange County divorce attorney at the Law Offices of Lisa R. McCall, A Professional Corporation. Contact us at 714.644.8760 or online today to schedule a consultation.

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