Difference Between Contested And Uncontested Divorce
When the parties to a divorce are unable to come to agreements on issues such as child custody, asset division and alimony, the case is referred to as a contested divorce. A contested divorce will nearly always go to trial, and the parties are required to make a compelling case to persuade the judge to rule in their favor. The resulting court orders have the force of law for the spouses, and they are fully required to abide by them or face penalties that can lead up to time in jail. In an uncontested divorce, on the other hand, the spouses work together to achieve a settlement agreement out of court, and they only bring the agreement to court for the final approval of the family law judge.
Advantages Of Uncontested Divorce
Uncontested divorce, which is also often referred to as no-court divorce, offers many benefits in comparison to contested divorce. To begin with, it is normally significantly faster, as it does not require multiple court appearances and the extensive process of legal discovery and preparation for trial. The case can often be completed within the 90-day waiting period from the date when the petition to divorce is filed to when the final decree may be signed. Uncontested divorce is also typically far less stressful, given the fact that it is conducted in private negotiation rooms and in an environment of amicable and constructive cooperation. This is especially important when there are children involved, as it can shield them from unnecessary emotional trauma. This approach to divorce also has the advantage of allowing you and your spouse to maintain control over the process, rather than being subject to the arbitrary rulings of the judge. For this reason, you are more likely to end up with a divorce settlement that works for you in the long run and will not make it necessary to return to court with a petition for a modification.
How To Pursue An Uncontested Divorce Utah
The key to success in uncontested divorce is that you and your spouse must be willing to work together. It is not required that you be in agreement on the issues of the divorce at the outset of the case, but you must both be committed to pursuing an amicable resolution to your divorce by engaging in constructive and cooperative communication. You can find help in pursuing an uncontested divorce by coming to the Law Office of David Pedrazas. Our Salt Lake City divorce attorney can assist you and your spouse by providing mediation, during which the attorney acts as a neutral third party to facilitate discussions between you and your spouse. The attorney doesn’t advocate for either spouse, but instead serves to clarify legal questions and help you work out your issues for a mutually acceptable settlement. We offer a flat fee for uncontested divorce services and are ready to begin working on your case now. Contact us for a free case evaluation to get the process started!