Divorcing a spouse can be an emotionally taxing and challenging life event. Unfortunately, many people have had to experience the process of legally dissolving a marriage, but with an experienced divorce attorney, it can be a little less painful and daunting. Some situations are more complex than others, and having legal representation throughout can prove to be invaluable.
Contested and Uncontested Divorce
The difference between a contested and an uncontested divorce is that in the latter, both parties agree to the divorce, and are also in agreement about other issues, such as child custody and spousal support. Contested divorces are more difficult, can last a long period of time, and have the potential to cost a lot of money. This is not to say that an uncontested divorce is easy, or that disputes may arise.
It is common for issues to come about that one or both parties do not agree upon, and seeking a reasonable solution may require intervention by the court. Of course, when situations require further negotiation, legal action can be prolonged, which will often lead to even more expense. Hiring an attorney who is experienced in these matters can help resolve the issues faster, and may save money in the long term.
What is the Difference Between an Annulment and a Divorce?
Both a divorce and an annulment are legal process that dissolve a marriage. However, an annulment treats the marriage as though it never occurred in the first place. In order for an annulment to be granted, the court usually requires specific elements to be present, such as: fraud or misrepresentation, bigamy, incest, or lack of consent to the marriage.
Annulments commonly take place not long after the marriage occurred. In these cases, property will be traced back to the spouse who was the original owner. In annulments that lasted a longer period of time, the court will divide the assets as fairly as possible. In divorce cases, the splitting of assets is common, with some states dividing the property through community property laws or equitable distribution laws.
If children are involved, child custody and visitation is treated the same in both divorce and annulment legal proceedings. The court will always use the “best interest of the child” standard when deciding on parenting plans, child custody, and visitation agreements.
In many situations, divorce mediation may be a viable option for those seeking an amicable and cooperative resolution to the dissolution of the marriage. Divorce attorneys can assist their clients in developing a plan of action and negotiation scheme, to better prepare them for the entire process, while often saving them time and money.
Divorce mediation is generally less expensive, less stressful, and can help people work out issues they could not previously agree upon. If you are considering divorce, or divorce mediation, you should speak with an experienced divorce attorney who can review your case and provide guidance on your best possible course of action.