Contested and Uncontested Divorce
Contested and Uncontested Divorce Attorney
For All Your Family Law Needs
One more sleepless night, lying in bed. The stress, the anxiety, the fears. Filing for divorce can be a harrowing experience. If your spouse is not cooperating, it can feel like an uphill battle with nowhere to go.
But what if there is somewhere to go? An attorney that has been doing this for a long time and knows the ins and outs of how to get the results you want?
Call our Contested and Uncontested Divorce Attorney in Santa Rosa today. At Embolden Law PC, we will discuss your needs with you, give you honest advice, and do our best to help you get your life back on track as fast as possible by negotiating an agreement with your spouse or, if necessary, going to court to finally resolve all the issues to enforce your rights.
Divorce in California: Contested vs. Uncontested
What is a contested divorce?
A contested divorce is just what it sounds like: disputed.
A contested divorce happens when a couple can’t agree on the things that need to be settled for the divorce to be complete.
This may include disagreements over
- property distribution
- spousal support
- child custody or
- child support issues the court must make.
When we must dispute the details of a divorce in a courtroom, we will combine our understanding of California family law with the persuasive arguments required to support our client’s wishes. Their case will be supported from all perspectives.
Typically, contested divorces take longer than uncontested divorces because the court must determine every disputed issue at a hearing or trial. The disadvantage of a contested divorce is that both parties lose control of the decision-making process, resulting in a judgment they did not anticipate.
What is Uncontested Divorce?
Typically, in an uncontested divorce, both parties split their marital property and care for their children. An amicable and uncontested divorce is often the simplest, easiest, and least expensive option available. However, divorce processes may involve complex legal concerns, even in the simplest of marriages.
An uncontested divorce settlement includes several complicated factors, such as the couple’s income, the source of that money, the presence or absence of children, the length of the marriage, and whether or not there is hatred between the parties. Even if you and your husband agree on all issues, an uncontested divorce may not be in your best interests.
Here are some critical distinctions between disputed and uncontested divorces:
An uncontested divorce is less expensive than a contested divorce because it takes less time to finish. Even though each spouse may need to hire a lawyer for either type of divorce, the overall costs go up the longer it takes for the lawyers to find a solution. You might have to pay tens of thousands of dollars at the end of a contested divorce.
The legal process for a contested divorce takes longer than an uncontested divorce because the couple doesn’t agree on all divorce-related issues. In a contested divorce, a couple may be able to work out their differences through mediation, a series of meetings led by a mediator to help the couple agree to the divorce.
But if mediation doesn’t work, the divorce will go to court, and a judge will decide on everything. Since there is no need for a trial and other legal steps in an uncontested divorce, the process is much faster.
Divorces that are contested are often more emotionally charged than divorces that aren’t contested. This is because any disagreement can significantly affect sensitive issues like who gets custody of the kids, how to split up property like the family home, and how much spousal support to pay. When two people go to court together, it’s not unusual for them to become angry and hostile.
Also, in the end, a judge decides who wins and who loses, but sometimes both sides lose. In contrast, an uncontested divorce results in a more peaceful and courteous outcome, given a contentious trial procedure.
What Type of Divorce is Best for Me?
If you and your spouse have little assets and no children, or if you and your spouse can agree on handling problems like child custody, child support, spousal maintenance, and the distribution of your assets and property, an uncontested divorce may be the best option. In California, an uncontested divorce is often the easiest, quickest, and most cost-effective kind of divorce, so many couples choose it. If you and your husband cannot agree on a lot of issues and you do not anticipate a fair settlement, your divorce will likely be disputed.
There are undeniable benefits to an uncontested divorce. Still, it is not always feasible for divorcing couples to agree on crucial issues such as child custody and division of assets and debts. If this is the case, you must engage with an attorney specializing in California divorce and family law and help secure your rights throughout the divorce process.
With the assistance of a Santa Rosa divorce lawyer, you and your spouse may reach an equitable settlement agreement that addresses your issues and keeps the matter out of court. If your case goes to court, you will need a qualified divorce attorney to defend your best interests and assist the case go as smoothly as feasible.
Why Do You Need a Lawyer?
Whatever the circumstances of your California divorce, whether it is contested or uncontested and whether it includes children, considerable assets, complicated property distribution, or other significant problems that must be agreed upon before the divorce can be completed, it is in your best advantage to contact with a lawyer who specializes in California divorces and can lead you through each stage of the divorce procedure.
Lawyers may analyze the divorce petition and any supporting papers to safeguard your rights and interests. Each lawyer has extensive experience representing clients in a variety of divorce cases. They will work diligently to facilitate a smooth procedure during an uncontested divorce or defend your rights during a disputed divorce.
Takeaway: Being Involved in a Contested or Uncontested Divorce is Never Easy for Anyone!
The difficulty level increases considerably when it involves a battle over property and child custody. Whether you are going through a contested or uncontested-we’re still here to help you. At Embolden Law PC, we can offer you a wide range of services to help get you started on your path to recovery.
Our team of contested or uncontested divorce attorneys has over 20 years of combined experience serving clients throughout Northern California. Our goal is to handle your divorce issue as quickly and cost-effectively as possible. Rest assured that we offer a complimentary initial consultation so call us today.
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