Uncontested divorce vs Contested Divorces  

 

Other than the dissolution of the marriage, a divorce typically deals with three basic issues:

1. How the assets will be divided,
2. How will custody of the children and visiting rights be determined,
3. How much child and/or spousal support should be paid.

Although it is rare that all these issues remain "uncontested" in the sense that both spouses completely agree on all the points, the disagreements do not necessarily need to be fought out in Court. When you are able to agree on terms without resorting to a trial in Court, you may ask for a joint (uncontested) divorce. Since joint (uncontested) divorces do not require the services of a lawyer for every step and certain procedures (such as interim and provisional orders for support and custody, examination of spouses re: their assets, etc.) may be omitted, your divorce application is much faster and less expensive.

While some experts believe that there are minimal emotional and psychological benefits to going to trial (such as psychological vindication and economic rewards if you "win"), most experts agree that couples who go through the Court process end up inflicting additional pain on themselves and their children.

What is the first step?

The first step if you are contemplating divorce is to try to agree on the terms of the three basic issues listed above. You may also download and print our joint divorce questionnaire, which you may use as a checklist for items to consider within the three categories of assets, children and support.

What if there are disagreements? Arbitration and mediation

If certain items can not be resolved, you may also try arbitration or mediation before resorting to a trial in Court.Arbitration and mediation is still less expensive that a drawn-out Court hearing - especially when you factor in legal fees, Court costs and lost time from work - and the collaborative element usually means less hostile feelings during the process. You may also request that we represent you as attorney during the arbitration or mediation process to ensure that your rights are well protected. (Note that abitrators and mediators do not substitute having an attorney, since they are not allowed to give legal advice.)

 
Do It Yourself Divorce

Quicker & less costly

If you opt for our drafting services, we'll make sure your proceedings contain all the essential clauses, avoiding delays at Court. We'll review with you and explain what assets are usually divided, and the possible tax consequences in receving certain items or payments.

We also have complete Do It Yourself kits available for those comfortable with the legal process.

Save in legal fees

We can assist you

If your divorce involves complex issues, or if you simply want the added reassurance that your separation agreement will cover all the assets that you are entitled to or that it will sufficiently protect the interests of the children, please contact us for a legal consultation.

Our firm specializes in family law and handles several hundred cases per year for separation, divorce, custody, support payments, and enforcement of foreign orders.

   

 

Should I just let the Judge decide?

If one of you disagrees strongly on a certain issue and it is impossible to resolve it through arbitration, mediation or any other means, it may very well have to go to trial before a Judge. You should note, however, that putting the decision in the hands of the Judge may sometimes lead to far less for yourself than what you could have obtained if you collaborated with your spouse to come to an agreement. As an example, the Judge may divide the assets 50/50, but the 50% attributed to you may not include all the items that are important to you. There may also be certain fiscal (tax) implications that the Judge may overlook since he or she may not have the time to fully analyze your financial situation, something you can avoid with carefully planning an agreement fair to you and your spouse.

So when should I contest a divorce?

Time and financial considerations aside, there are several reasons why a spouse may choose to contest a divorce :

  • Hopes of reconciliation: A spouse wants the marriage to continue for emotional, financial, social, or health reasons.

  • Revenge: A spouse is unnecessarily prolonging the divorce process out as long as possible or taking advantage of his or her financial situation or ability to pay legal fees.

  • Religious beliefs: His or her religion does not recognize or sanction divorce.

More Questions & Answers:

Be sure to also check out our FAQ page for more answers on divorce and separation issues.

 

© 2008. St-Clair & Assoc. All rights reserved.
Material presented on this website is intended for information purposes only. It is not intended as legal advice and should not be construed as such.
Please contact us if legal or other specific expert assistance is required.