Contested vs Uncontested Divorce – What Can You Expect?
Jan 25, 2023
When you are considering separation or divorce, you may search for a contested divorce attorney, or uncontested divorce attorney to find representation. The reality is that experienced family lawyers have the expertise to handle all matters of family law, including cohabitation and marriage agreements, parenting agreements, separation and divorce – both contested and uncontested.
So, what is the difference between a contested and uncontested divorce, and what can you expect during your divorce proceedings?
What Needs to Be Decided When You Divorce?
Divorce is rarely simple. Depending how long you have been together as a couple, it can be challenging to untangle your lives. Whether contested or uncontested, navigating a separation or divorce typically includes considering the following:
- Property Division – how property like your savings, investments, vehicles – and debt – will be divided, who owns the home (or will it be sold and divided), and even family pets. Important to note is that spousal rights differ between married and common-law couples.
- Support – determining if one party needs to pay child or spousal support after you separate – and how much for how long is another common issue that needs to be resolved.
- Parenting – divorcing couples with children need to create a parenting agreement detailing how their children will be raised. Where children will live, who has decision-making responsibility, handling vacations and holidays, schooling, medical decisions and more.
Filing for Divorce
Divorce proceedings start with – of course – paperwork. It is called filing for divorce for a reason. If you’re unfamiliar with the processes, the family court system can seem daunting and can quickly become confusing.
That’s why whether you are considering a contested or uncontested divorce, we strongly recommend you seek advice from a qualified, experienced family law attorney. Read our tips on how to find the best family law attorney for you.
A contested divorce is when the parties do not agree on aspects of their separation – whether property division, parenting, or support. When there is no agreement, these issues may need to be resolved with the help of lawyers.
When most people think of divorce, they picture a contested divorce, fought out in court, with two sides bitterly airing disagreements over money or child custody. Courtroom drama at its finest.
The reality, however, is that many contested divorces settled out of court. Negotiation and Mediation are increasingly used to resolve disputes, with a contested divorce attorney helping clients navigate the process and protect their rights.
When there is disagreement on aspects of your divorce, your best option is to seek advice from a family law attorney. Whether the disagreement is small or large, you may need help to resolve it and protect your rights.
Uncontested Divorce or “Simple” Divorce
If there are no areas of disagreement, you can seek an uncontested divorce, or “simple” divorce. Do you need an uncontested divorce attorney? Possibly not, but despite the name, filing for divorce is rarely simple, so advice from someone who understands the process can provide confidence and ensure no mistakes are made.
If you’re interested in hiring an uncontested divorce attorney, our lawyers at the Kelly D. Jordan Family Law Firm charge a flat rate for obtaining an uncontested divorce. You will need a copy of your original marriage certificate. If you do not have one, and were married in Ontario, you can order a copy of your marriage certificate online.
Expert Advice, Guidance and Support from Experience Divorce Attorneys
Whether you are looking for a contested divorce attorney, or want to obtain an uncontested divorce, the family law team at the Kelly D. Jordan Family Law Firm have experience filing paperwork, navigating the family law system, and representing clients in court or around the negotiation table. We have extensive experience in all areas of family dispute resolution, including mediation, negotiation, and litigation. You can count on us to provide the experience you need, when you need it the most. Not sure where to begin? Start your family law case with us today.
Follow the Kelly D. Jordan Family Law Firm on Facebook.