Getting a divorce does not need to be a fight. Most divorce cases do not go to trial as they are settled privately between the divorcing spouses. But when you first get started, you wish to know what’s a contested divorce and an uncontested divorce. No matter the type of divorce you choose, you must have a divorce lawyer Boston to review your agreement and guide you. Your attorney must complete some petitions and judgments. Your divorce agreement needs to be written correctly.
Contested vs Uncontested Divorce
A contested divorce occurs when you and your spouse cannot agree on the terms of your divorce. Otherwise, you go through an uncontested divorce. In this type of divorce, you won’t need a judge to decide for you. Generally, an uncontested divorce is less complicated than a contested divorce.
Who Can Get an Uncontested Divorce
If you and your spouse can agree on your divorce’s terms amicably, you can choose an uncontested divorce. Also, this type of divorce can benefit you emotionally and financially. But if you cannot communicate effectively with one another, an uncontested divorce won’t work for you. This is especially true of there is a history of emotional abuse or domestic violence. You and your spouse should reach a settlement agreement for an uncontested divorce to work.
If you have to choose a contested divorce, arrange a meeting with a divorce lawyer. Your lawyer will help make a decision regarding the issues in your divorce and how to resolve them. Often, an agreeable solution can lead to a settlement. Otherwise, you need to clarify the problems for the court.
Common Issues that Need to be Addressed in a Divorce
In any divorce, issues such as child custody and support, asset and debt division, as well as spousal support must be addressed. Depending on your circumstances, addressing such issues can be easy or complicated. For instance, if you have kids, you must determine the parenting schedule every parent must have and who will make decisions regarding your children’s education, extracurricular activities, and doctors. In an uncontested divorce, all issues must be resolved with your respective attorneys without going to court. Once you have resolved child-related concerns, you must also resolve financial issues. This includes determining who pays child and spousal support and the amount this party should pay. Also, who gets the house and what happens to retirement accounts and pensions?
You don’t have to rush the process. Remember that even if all issues are resolved privately, you should discuss them with your lawyer.
