February 7, 2023

What Is the Difference Between a Contested and an Uncontested Divorce?

With a divorce, there is a wide variety of decisions to be made, including the types of resolution. In many cases, the disputes of the divorce are not about the fundamentals of the relationship but about the details. According to Forbes, 90% of divorces are uncontested. But uncontested divorces still take time. They can create some bad feelings, even if the basic truths of the situation are outside of dispute and both people just want to get it over with.

What Is a Contested Divorce

In a contested divorce, at least one issue in the relationship is under question. It may be something like splitting up the property. This especially tends to happen when the couple owns a home: Homeowning couples can often end up in court. A lawyer service can help avoid contesting these issues, including by arrangement so the partner who stays in the house splits the residual value of the house when it's sold. In a contested divorce, anything may be up for question – even whether the couple wants to get divorced at all. Judges will never, however, require a couple to remain together if anyone in it wants out. “No-fault” divorce laws are available in every state in the US, and eventually, everyone can get out of a marriage if they want to. Talk to a lawyer service if you're looking at getting out of your relationship.

What Is an Uncontested Divorce

An uncontested divorce is a divorce in which none of the issues are really in question. The uncontested divorce will generally go through quickly in divorce terms, though can still be in terms of months. Uncontested divorces are generally not appealable, but certain agreements can be modified under the law, especially if circumstances change significantly or a specific period has passed. This makes them easier to get through.

What Are the Differences?

As seen above, the two are fairly different considering they are both divorces. Both partners and a lawyer service usually prefer uncontested divorces. In an uncontested divorce, the partners are 100% responsible for all decisions. In a contested divorce, the judge makes a final decision about how the divorce will play out.

Divorcing is a difficult and troubling time. Families make gut-wrenching decisions about the future of their children and property. If you must go through a divorce, do so with the law on your side. Call or visit us for a free consultation.

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How Do Courts Handle Parental Relocation Disputes?

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Parental relocation disputes present a challenging intersection of family dynamics, legal considerations, and emotional well-being. When one parent wishes to move to a new location with their child, and the other parent opposes this move, the situation requires careful navigation by the courts. These disputes often arise after a divorce or separation, adding another layer of complexity to an already emotional situation. Family attorneys play a crucial role in guiding parents through these legal challenges and ensuring the child's best interests are upheld. The Importance of Mediation in Relocation Disputes Before a court even gets involved, it is often recommended that parents try to resolve relocation disputes out of court. Mediation and negotiation are invaluable tools that can help parents reach an agreement that is in the best interest of the child. In fact, according to Legal Jobs, 90% of custody agreements are settled without bringing the case in front of a judge. This statistic underscores the importance of alternative dispute resolution methods, which can be less time-consuming and contentious than court proceedings. Consulting experienced family attorneys can help parents navigate these discussions effectively. Court Considerations in Relocation Cases When a relocation dispute does make it to court, the decision is largely based on the best interest of the child. Courts take into consideration a variety of factors, such as the reasons for the move, the potential impact on the child’s relationship with both parents, and how the relocation might affect the child’s education and social life. Each case is unique, and judges are tasked with weighing these factors carefully to make a decision that ensures the child's emotional and physical well-being. Family attorneys can provide essential legal support to parents facing court proceedings. Preserving Parent-Child Relationships Courts also examine the feasibility of maintaining a meaningful relationship between the non-relocating parent and the child. This could involve revisiting existing custody arrangements and considering new visitation schedules that accommodate the distance. Judges are acutely aware of how important both parents are to a child's development and are therefore likely to incorporate methods that preserve these relationships, despite geographical separation. Parental relocation disputes can be complex and emotionally charged. While out-of-court settlements are preferable and commonplace, the courts exist to make decisions that prioritize the child's best interests when necessary. Understanding how these disputes are handled can provide reassurance to parents navigating the potentially turbulent waters of custody and relocation disagreements. If you are facing a parental relocation dispute, contact The Law Office of Arthur J. White III, P.C. for experienced legal guidance and support.