Marriage, a celebration of lifetime relationships when it comes to an end due to fewer compatibility issues, leads to divorce. It is essential to know both parties about divorce types when they want to go through the process.
Mainly there are two types of divorce contested divorce and uncontested divorce. It is a crucial process to proceed on so, let me brief you about the difference between a contested and uncontested divorce and tell you the advantages and disadvantages of it. By knowing the detailed information, you can choose a Knoxville divorce attorney as per your filing divorce.
What do you mean by contested divorce?
The contested divorce means any party can disagree on individual terms or all the terms of a divorce. Filing contested divorce means the one person who wants to start with the process and get the court’s temporary orders about paying bills and providing support or alimony during the delay of legal action. It seems like one person files, and the other person gets served by the divorce papers.
Now don’t think that this is a court going case and result in fighting only. The majority of cases are settled that are filed on a contested basis. If you and your spouse agree before the six-month duration, it can be turned into an uncontested divorce. Otherwise, the judge cannot pass a nisi judgment until those six months have passed.
You need to have to go through a trial, and no one can say that your case needs to go through a trial before it gets finalized. So it is best to have a divorce attorney who is a great negotiator and fearless lawyer. You can hire a Knoxville divorce attorney who has these qualities.
If you need the court to be ordered something that can’t wait until the end of the divorce, like parenting or paying bills, you need to get to the contested route of divorce.
What are the benefits of Uncontested divorce?
- The court will make sure the process is ongoing, which results in a guarantee of the divorce.
- The other person can get into trouble if they do not follow the temporary rules and forces them to get them on a table and be present.
- The court can enter orders of providing child support or keep you and your children safe.
- If the party is hiding income or lying about anything or is not sure and has questions about the person’s ability for a safe parent, it provides the discovery process.
What are the drawbacks of contested divorce?
- It’s an emotional toll of going to a court and not having control of our future.
- The divorce will take longer when people disagree and cost more fees as litigation is expensive.
- It gives the feeling of debate right from the beginning, and it is challenging to stay against each other rather than doing a settlement.
What do you mean by uncontested divorce?
It is a type of divorce where both parties agree to the divorce and solve their issue that needs to be determined before the filing, including child custody, property division, child support, or alimony. There is no need for a court to be involved.
Once all the issues are determined in a document, you and your spouse need to complete the paperwork that requires you to file a petition and called a “Divorce Agreement” or a “Separation Agreement.”
To present the Separation Agreement and petition to judge and get the hearing date, you both need to fill out the individual financial status and have completed the parenting course (if you have children). After all of that, you can file your case to a local family court.
The judge will look at the agreements and approve it if they find it fair and reasonable and pass on the Nisi judgment after 30 days of the hearing, and then there are 90 days waiting period for an absolute and final decision if it does not pass by court automatically.
What are the benefits of Uncontested divorce?
- Parties can get divorced quickly and cheaply as both agree and not waste their time fighting in court.
- It helps to keep the relationship more friendly rather than a fighting one.
- It suggests best that both parties can work together and move forward, deciding what best for them.
What are the drawbacks of an uncontested divorce?
- If any of the one-party denies agreeing to even a small issue, you cannot file an uncontested divorce.
- Even if you both sorted with your agreement and already decided about parenting time, paying bills, and alimony and one of your partners back out from the agreement and you cannot file a contempt and have the court make them do what they say they would.
- If everything worked out and one of your partners refuses to sign the paper or drag their feet backward, you could do nothing in that case.
- After working out and agreeing to all negotiations, if you file a contested divorce, it is a waste of time as it takes more time in divorce and more money.
Wrapping it up:
This is detailed information on both types of divorce. It is ultimately your choice to go to any kind of divorce that meets your objectives. For that, you should hire a divorce attorney in Knoxville and speak to them and find out the best choice to accomplish it as everyone has their different situation and aspects to look on.
It is suggested by a Knoxville divorce attorney that you should end your relationship with mutual understanding and settlement and work on it together rather than fighting in a court for a divorce. To help you in this, they have the best and experienced divorce lawyer you can contact.