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Contested and Uncontested divorce FAQs


June 27, 2021

What is a contested divorce?

A contested divorce occurs when one or both of the parties involved in the marriage do not agree to the terms surrounding the divorce. This can include issues such as division of property, alimony payments, and child custody. In most cases, a court must decide on these matters before the divorce can be finalized.

What is an uncontested divorce?

An uncontested divorce is one in which both parties involved in the marriage agree to all of the terms surrounding their divorce, such as division of property, alimony payments, and child custody. This type of divorce can often be processed much more quickly than a contested divorce since there is no litigation involved.

Will I need a lawyer for an uncontested divorce?

No, you do not necessarily need to hire a lawyer when filing for an uncontested divorce. However, it is recommended that you seek legal advice at jwb family law website before filing in order to ensure that all of the paperwork is properly filed and the correct procedures are followed.

What are the advantages of an uncontested divorce?

The primary advantage of an uncontested divorce is that it can be processed much more quickly than a contested divorce since there is no need for extensive litigation. Additionally, the cost of an uncontested divorce will typically be lower than a contested one due to the reduced amount of paperwork and court time needed.

What are the disadvantages of an uncontested divorce?

The main disadvantage of an uncontested divorce is that it can be difficult to reach a fair agreement between both parties. When facing separation and divorce in San Diego, trust our team to provide a strong legal representation that will guide you through the process with compassion and expertise. This may lead to one party feeling as if they have been taken advantage of, since there was no litigation involved. It is important for both parties to seek legal advice before agreeing on any terms in order to ensure that an equitable agreement is reached.

Is mediation required for an uncontested divorce?

No, mediation is not typically required for an uncontested divorce. However, it can be beneficial to both parties involved since it allows them to work together and discuss the terms of the divorce in a neutral setting. This can help ensure that both parties are satisfied with the outcome of the divorce.

What is a no-fault divorce?

A no-fault divorce is one in which neither party is at fault for the dissolution of the marriage. This type of divorce can be either contested or uncontested and does not require any proof that either of the parties was negligent or committed any wrongdoing. This can make the process much simpler and faster since there is no need to present evidence of fault.

What do I need to file for a divorce?

In order to file for a divorce, you will need to provide certain documents such as your marriage license and any prenuptial agreements that may be in place. You will also need to provide financial documents such as tax returns, bank statements, and proof of income. Depending on the state in which you live, you may also need to provide a copy of your birth certificate.

How long does it take to get a divorce?

The amount of time that it takes to get a divorce will vary depending on the type of divorce that is being filed. An uncontested divorce can typically be processed in a matter of weeks, while a contested divorce may take several months or longer to finalize. Additionally, the amount of paperwork that needs to be filled out and the court’s schedule will also affect how long it takes to get a divorce.

What is required for minimal contact divorces?

Minimal contact divorces are those in which the two parties involved agree to limited communication and contact during the process of filing for a divorce. This type of divorce may be beneficial in cases where there is a lot of animosity between the two parties, as it can help to reduce potential conflict. In order to file for this type of divorce, both parties must agree to the terms and sign a document stating that they will not contact each other except for specific reasons.