What are the differences between an uncontested and contested divorce?
Every divorce proceeds differently. Some proceed with little if any dispute between your parties. Some proceed with a lot of issues in dispute that may finish up being resolved inside a trial.
An uncontested divorce happens when the parties (that’s you and your spouse) agree with All of the relation to your divorce. Within this situation no issues have been in dispute.
A contested divorce happens when you will find issues not decided. Even if perhaps 1 concern is not decided, it is a contested divorce. It’s this kind of divorce that may finish in an effort (even though it could resolve before an effort).
Will it matter whether the divorce is uncontested or contested?
Yes, meaning it largely dictates the way your divorce will proceed.
If you and your spouse agree with all of the terms, you’ll be able to do what’s known as a desk order divorce. A desk order divorce is just filing the required documents for any divorce to the court and waiting the required duration, that is 12 months in BC in the date of just living separate and apart. Even though you can’t get the divorce order until you have resided separate and apart for 12 months, you are able to file all of the necessary documents before-hands.
If you and your spouse don’t agree with all of the terms, then you will need to pursue negotiations, mediation, or trial.
Naturally a contested divorce could be more pricey regarding legal charges because there’s a lot more participation together with your lawyer.
From contested to uncontested
Many divorce process change from a contested situation for an uncontested situation. This happens through negotiations and/or mediation. Actually, getting a divorce lawyer is basically employing an experienced advocate to barter together with your partner (or partner’s lawyer) to be able to arrived at full agreement on all of the issues.
Therefore, in case your divorce is presently contested, there is no reason it must visit trial. There’s chance to show your contested divorce into an uncontested divorce with experience divorce attorneys in your corner. That stated, sometimes full agreement simply doesn’t materialize meaning your divorce outcome must be based upon a Court.
Do you want an attorney in case your divorce is uncontested?
It’s wise to at the minimum see a lawyer to examine the terms that you’ve agreed. Many divorce attorneys will come across along with you for any consultation to examine any agreement you’ve joined into. Such review could be useful and supply you reassurance concerning the terms that you’ve agreed.