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If you're thinking of ending your marriage, it's important to educate yourself about the divorce process in advance. This can help you prepare practically and emotionally. As you likely know, there are two main types of divorce, contested and uncontested, and each has its own procedures. Here's a closer look at how they differ and how a divorce attorney can help you move forward into the next chapter of your life.

Contested Divorce

When you and your spouse divorce, you will have to agree on certain terms, like spousal support, child custody, and the division of assets like property and cash. If you're not able to agree on these terms—for example, if you both want to keep the family home and nobody is willing to compromise—you're dealing with a contested divorce.

This doesn't mean you'll automatically go to trial right away. Most couples rely on mediation via personal divorce attorneys or a third-party mediator to help hammer out an agreement. For instance, if one person wants to keep the family home, the other may get to keep a larger portion of the couple's joint savings.

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If you and your ex can agree on the terms of the divorce and get them approved by the courts within six months of the initial divorce filing, the divorce can be changed to an uncontested divorce. Otherwise, you will likely have to go to trial. You and your ex will then each present your cases to the courts, arguing for your preferred terms, such as being awarded full child custody. The courts will then issue a ruling, which is legally binding, to decide and finalize the divorce.

Uncontested Divorce

If the divorce is uncontested, you and your ex will agree on the terms of the separation, such as alimony, child support and custody, and the division of assets. In this case, your divorce attorney will help you prepare a draft divorce settlement agreement jointly. This is then submitted to the courts, who will review it and make sure it's fair. Once the courts sign off on the agreement, it becomes legally binding.

An uncontested divorce allows you to skip the time-consuming processes of mediation and a potential court trial. It can save both sides money in lawyer's fees and spare everyone involved added stress. While an uncontested divorce is preferable for these reasons, it isn't always possible. You shouldn't give into unfair terms in a divorce just because you want to skip the hassle of legal conflicts.

 

If you're preparing for a divorce, consult Gillenwater & Hampton Law Firm of Glasgow, KY, for assistance. These lawyers understand how emotionally draining the process can be and will competently handle the legal logistics while you focus on moving forward with your life. Visit their website to learn about their services and call (270) 651-8874 to schedule a consultation with a divorce attorney.

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