Divorces are common events that start the same and end the same, but as any divorce lawyer can attest, can be very different in the middle.
That is due to the fact that there are multiple types of divorces, each one requiring a slightly different process which might be known from the start.
Other times, divorce attorneys find their clients having to consider all the possibilities to make the best and most productive decisions.
Uncontested or No-Fault Divorces
Of the two main types of divorce that attorneys deal with, uncontested or no-fault divorces are always the easiest to work through.
Uncontested divorces are those where both spouses agree to the action and then amicably work through things like the division of marital property, child custody and visitation agreements, and other details.
Mediation may sometimes be suggested, but generally speaking, uncontested divorces happen faster and with much more cooperation than the alternative.
On the other hand, contested divorces can get more complicated, as divorce attorneys typically find these happening when spouses either do not agree on getting divorced or are unable to agree on other factors pertaining to the split.
That commonly includes disagreements about marital wealth and how it should be divided, custody arrangements, and visitation rights, just to name a few of the issues.
Contested Divorce Interventions
When spouses do not agree on a no-fault divorce, divorce lawyers know that the process can get longer and more complex, requiring one of two interventions to get the divorce finalized:
- Mediation or Arbitration - Some third party may be required to help spouses make important decisions, including those pertaining to dividing their marital wealth, child custody, and others.
- Divorce Hearing In Court - When a contested divorce cannot be negotiated with divorce lawyers by using mediation or even arbitration, the only choice is to then go to court to let a judge decide. In court, divorce attorneys and their clients will each state their cases and the judge will determine the terms of the divorce. The bad part about this is that it means the judge, not the two spouses, will decide everything from who gets what in terms of marital wealth and debt, child custody, visitation, and other critical decisions that will affect the lives of the divorced spouses from that point forward.
Getting a divorce is never easy; however, sometimes it can be easier than others.
Whether filing an uncontested divorce or dealing with a more complicated situation, spouses that work with an experienced divorce lawyer will see the most favorable results based on their specific divorce situation.