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When a couple decides to dissolve their union, they can pursue one of two paths: contested or uncontested. If you've decided to end your marriage, a divorce attorney can help regardless of which path you end up taking. In the meantime, here's what you should know about each option so you can enter the proceedings with confidence. 

What Happens During a Contested Divorce?

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In a contested divorce, at least one aspect of the separation is disputed. For example, if a couple can't agree on the division of their assets or the custody schedule for their children, they will face a contested divorce. 

For a contested divorce to be finalized, the couple must first resolve all outstanding disputes. They're generally instructed to do so by attending mediation, where a neutral third party attempts to help them arrive at strategic compromises. If mediation is not successful, the case will go before a judge, who will evaluate both sides before issuing a verdict regarding the contested terms of the separation agreement. 

What Happens During an Uncontested Divorce?

In an uncontested divorce, both parties agree on all aspects of the separation without mediation. But they can't implement anything they wish. The court must sign off on the terms they establish. That's why it's wise to consult a divorce attorney even if you anticipate an uncontested divorce. You might not need to navigate complex legal proceedings or appear in court, but you will have to devise a separation agreement that will be deemed fair and reasonable under state law. 

 

Whether you're facing a contested or uncontested divorce, count on the Law Office of Carmen DiAmore-Siah for guidance. Located in Honolulu, this firm has counseled clients across Hawaii for more than 20 years. Their seasoned divorce attorney is equipped to protect clients' best interests at every stage of family law proceedings. To request a free consultation, get in touch through their website or by calling (808) 531-2277. 

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