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Contested Divorce Attorneys Vs Uncontested Divorce Lawyer

By Expert Author: Allison C. King

In most states in the US, there are two main types of divorce. There is contested divorce and uncontested divorce. Depending on the type of divorce filed, you may need the services of an uncontested divorce lawyer or a contested divorce attorney.

In most states in the US, there are two main types of divorce. There is contested divorce and uncontested divorce. Depending on the type of divorce filed, you may need the services of an uncontested divorce lawyer or a contested divorce attorney. Contested divorce attorneys will offer professional advice if your marriage life comes to a dead end and the divorce threatens to become messy. The type of divorce filed and jurisdiction usually determine aspects of these cases. Some of these cases include waiting period between the filing of the initial petition and reception of final divorce decree, residency requirements, separation prerequisites, court costs and legal costs. This clearly underscores the need for divorcing couples to learn a few things between the two types of divorces before going ahead with the divorce.

Contested divorce attorneys represent spouses who have a difficult time agreeing on one or several key issues that will eventually pave way for the dissolution of marriage. The final objective of divorce is the conclusive termination of marriage. In some instances, spouses cannot seem to agree on anything and especially on issues concerning child custody rights. In such an instance where agreement is elusive even with the assistance of divorce attorneys, the parties have to approach a court of law for dispute adjudication. Services offered by contested divorce attorneys are highly sought by divorcing parties since there are so many issues to sort out before the dissolution of a marriage.

An uncontested divorce lawyer will rarely deal with the following hot areas that require resolution in a contested proceeding. These include debt allocation, alimony, asset distribution, property division, child support, child custody and temporary spousal support. An uncontested divorce lawyer usually deals with simple divorces. In such a divorce scenario, the involved parties agree on all issues that lead to an effective and conclusive termination of their marriage. This means that all serious issues are resolved. However, this does not necessarily mean that it is an amicable divorce. It simply means that all parties were able to thrash out all raised issues out of court without the need of an official judicial adjudication.

Both uncontested divorce lawyers and contested divorce attorneys stem from family Lawyers. Couples usually prefer uncontested divorce due to the convenience, speed, simplicity, cost effectiveness and privacy that characterizes it. The fact that these divorce proceedings are quite cost effective is one of the major advantages that most divorced couples identify with. You require neither a child custody attorney nor a family lawyer in order to achieve an uncontested divorce. However, any party in the divorce can file a complaint or petition for divorce without getting assistance from a legal counsel.

If an uncontested divorce involves a couple with minors, the case has to pass through the applicable court for interviews and recommendations that touch on child custody issues. This irons out issues such as child support payments, who will end up with the kids, type of custody and what is in the best interests of the minors.
Resource: http://martinsirlaw.com/

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