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The Difference Between a Contested Divorce Lawyer and an Uncontested Divorce Lawyer

Dec 19

The difference between a contested and uncontested divorce is significant, especially if you and your spouse have children. If your situation is more complicated, you may need a specialized uncontested divorce lawyer to guide you through the process. Generally, an uncontested divorce involves fewer court appearances, but you can still expect a lengthy trial. You will also need to consider if you and your spouse will be able to agree on child custody, property division, and alimony.

The main difference between a contested divorce and an uncontested divorce is the type of case. A disputed divorce is a legal battle between the two spouses. An uncontested divorce, on the other hand, is a settlement between the parties. This means that they don't have any legal battles over the divorce issues. Uncontested divorces will typically involve key issues such as child custody, child maintenance, and property division.

Although an uncontested divorce can be easier than one that has been fought, it can still prove to be very complicated. A negotiated divorce is likely to take three months to finalize. However, the timeline can vary. While some divorce cases can be resolved in six weeks, others may take up to a year. You should seek a reputable and experienced uncontested divorce lawyer with an established record of success.

The type of litigation is what makes a contested or uncontested divorce different. Mediated divorce is uncontested and both parties agree to all terms. In contrast, a defended divorce is contentious and requires both parties to go to trial. This type of case can also be costly, so it is imperative to consult with an experienced attorney. It can take many years to resolve a contested divorcement because of the length of a pending judicial proceeding.

A contested divorce lawyer can negotiate with a judge to resolve any issues that may arise from your marriage. In a contested divorce, both spouses are required to agree on the terms of the divorce. Uncontested divorce allows both spouses to decide all aspects of the divorce. The court will then grant the divorce. The judge will then grant the divorce after alimony, child custody, property division, and the hearing.

The cost is the main difference between an uncontested and contested divorce. Uncontested divorces will take longer and will result in more expensive and stressful legal proceedings. A negotiated divorce will be less expensive than a partisan contested divorce. It is not uncommon for a litigant to hire a contested or an uncontested lawyer.

The Law Office of Ryan Besinque | Divorce Attorney and Family Law Firm | Child Support Lawyer | Prenuptial Agreements - Manhattan

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