There are ways to divorce well or divorce badly. It doesn’t matter what route you take, it is always going to be a painful one. Divorce involves intense feelings of sadness and regret. Yet you can have an amicable divorce. An uncontested divorce is often the best solution to complex divorce issues. With the help of a Draper divorce attorney, the process and legal ramifications can be more bearable.
When you file for divorce, the process can be dramatic, especially if there are kids involved. You will have to agree with your former spouse in order to get what you want or at least have a fair divorce settlement. Whether you choose a contested or an uncontested divorce, the process can be very similar. But there are several clear differences between the two.
Divorce without a trial
This is one of the main differences between a contested and uncontested divorce. During an uncontested divorce, both parties will find mutual ground and agree on the most important aspects of divorce such as child support, child custody, alimony, and so on. On the other hand, a contested divorce generally involves trial and figuring out complex legal matters such as property division, child custody, and child visitation. Couples going to trial will have the court making important decisions for them while couples that choose an uncontested divorce will have more freedom to determine which direction their divorce is heading.
Child custody
This is generally one of the most contentious aspects of the divorce process. In most cases, one spouse is awarded the primary custody of the children. Courts will consider several factors when making these decisions. They will take a look at some important documents such as taxes and criminal background to determine whether the child is safe with the custodial parent. These are important decisions you need to make with your former spouse and your Draper divorce attorney. Some parents may not be awarded visitation rights if they have a history of drug abuse or domestic violence. This is why it is important you hire the best legal counsel so that you can make an informed decision and determine the best course of action.
Property division
Asset distribution is also the cause of many divorce quarrels. This is particularly true if one of the parties makes a lot of money. Also, there are some assets, which may have sentimental value and it can be very hard to let it go. Primary breadwinners have to provide child support and in some cases alimony. Courts generally consider the standard of living prior to finalizing the divorce and figure out the best way to close the income gap.
When a party doesn’t want a divorce
It is possible that one of the parties may not want to get divorced. These types of cases can be more costly in the long run. Even when one of the parties doesn’t want a divorce, it is best to embrace the unavoidable. This is particularly true if you don’t have that much money to spend on the process.