April 20, 2021

A Lawyer’s Guide to Contested vs. Uncontested Divorce

When two people decide that they want to absolve a marriage, this can be due to any number of reasons, and the need for a divorce lawyer grows substantially. Depending on how the marriage absolved and the number of assets shared between two parties, whether it is a contested divorce or an uncontested divorce will be determined. Know the difference between the two divorce types and what they mean for the spouse and the divorce attorney in Roseville CA.

Contested Divorce

Probably the most common of divorces, the contested divorce does not have a time frame because it can be extended with each contest. In a divorce, each spouse makes a decision on what they want asset-wise and how they plan to split what they collected and purchased together as a couple. When one spouse presents a set of terms, the other spouse must agree for the next step of the divorce to take place. In a contested divorce, either advised by their Roseville contested divorce attorney or on their own, they decide to contest the terms and counter offer.

Lack of Agreement

Each spouse can contest the terms of the other several times if they need to, but if they are not able to come to an agreement, the contested divorce will go through a hearing, where divorce costs are split evenly, and a judge makes a decision on some decisions. This can include the following:

• Custody of children
• Living arrangements
• Financial support

Determining which parent will receive full or partial custody of the children is essential in the court system. Depending on the age of the children, the judge may ask to speak with them regarding the divorce and assist in making the right decision for custody purposes. If there is only one home shared between the marriage, then determining who gets the house is another decision that can be made at the hearing. Depending on where the children and whom they are staying with could have an effect on which party receives the home. Finally, the need for alimony from one spouse to the other is discussed and determined in the course system. 

Discovery and Final Hearing

These decisions are first made as temporary, but with the opening of discovery and a final hearing later on by a Roseville County Family Law Attorney, these decisions can be made more permanent. The judge will take an account of the changes put in place temporarily and the cases presented by the Roseville Divorce Lawyers to make these final rulings in divorce cases.  

Uncontested Divorce

These divorce cases are more straightforward than the contested ones represented by a Roseville CA Divorce Attorney more often. When the divorce is filed, usually the filing spouse will provide a set of terms to the other spouse. The difference is that the spouses agree right away to the terms presented in the divorce as presented by a Roseville uncontested divorce attorney, used to protect the integrity of both spouses throughout this process. With the terms agreed to, the divorce attorney can draft the appropriate documentation, have the spouses sign the documents, and then forward them to a family judge for review. Based upon the judge’s review, if they find the terms to be fair, they will approve the documentation and give the final divorce decree for the two parties being represented. Even if you and your spouse have an uncontested divorce it is important to have a divorce lawyer present, to ensure that all documentation is correct and that the judge will give their approval on finalizing the divorce.

Have The Right Representation

If you have been served with divorce papers or looking to initiate a divorce, contact Manzoor Law Firm today for one of the leading firms for Roseville Divorce Lawyers. Let us set up a consultation and get you the representation you need today.