Wednesday, July 18, 2012

Contested Divorce Versus Uncontested Divorce - What's the Difference?

If your marriage is not working despite your efforts, then it is better to file divorce papers and separate rather than suffer. Going through a divorce is not only a traumatic experience emotionally but also extremely overwhelming due to the formalities involved. The ideal situation is that the two parties should devote time to arrive at an uncontested divorce settlement. The law provides that couples can fill out uncontested divorce forms to file their divorce papers, with or without the help of a lawyer.

Before discussing what uncontested divorce forms are all about, a few words about types and sub-types of divorce. The first step after it is decided that divorce is unavoidable and before filing divorce papers you have to decide whether it is going to be a at-fault divorce or simply on the basis of incompatibility and irreconcilable differences. Now, you may want to contest or you may want to move forward quickly and file an uncontested divorce. There is a lot of difference between these two sub-types of divorce. While contested divorce is a long drawn out legal process, filing divorce papers via uncontested divorce forms is simple and saves you the cost of an expensive lawyer.

First, a look at what you will have to go through before filing divorce papers and during divorce proceedings if you choose to contest. Before your day in court you will be required to give a reason or grounds on which you want a divorce. Further, your lawyer will require all your financial statements so as to prepare a plan. These include all your assets (pay slip, bank accounts, property, retirement plans, insurance, mutual funds et al) and liabilities (debt). Once the divorce papers are filed, lawyers representing both parties prepare a list of questions, the answers to which have to be provided. The next step before the court proceedings begin involve a deposition, usually at a lawyer's office, where each party has to depose under oath. During the deposition, each lawyer grills the other party to find loopholes with the sole aim of evading a difficulty or obligation and try to get a better deal for respective clients. And it is going to be tough.

As if this is not enough, while preparing for your day in court in court you may regret why you didn't opt to file uncontested divorce forms instead. Prepare yourself for attacks from all sides because the opposing lawyer as well as the judge will ask embarrassing questions.

You can avoid all this by filing uncontested divorce forms. The only thing that is required is that you and your spouse should be on the same page and arrive at a mutually accepted settlement. It is a small price to pay for your emotional comfort and saving your children from suffering the trauma of a fierce parental separation. Uncontested divorce forms cover every aspect and each issue involved in divorces is meticulously enumerated. These are easily available online and you can download them from a reputable divorce service. Just make sure that you get uncontested divorce forms that apply to your state.

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