Contested vs Uncontested Divorce in California
Updated: Nov 22, 2021
Contested vs. Uncontested Divorce in San Bernardino County
Divorce in and of itself, is a rough path a couple has to go through. Issues in marriage come up and the next step forward to a better life would be to separate. Now when it comes to divorce, there are two paths that can be taken. The path that is taken depends on what is at stake. The two paths are contested and uncontested divorce.
What is a contested divorce?
A contested divorce occurs when the parties involved cannot come to an agreement as to how to divide assets such as real estate or personal property. In these situations, the court must decide what happens to each party’s share of the marital estate. A judge will then determine who gets what, based upon the evidence presented at trial. If this process results in a fair division of the marital estate, then the judge will order the couple to sign a settlement agreement outlining the terms of their separation.
The difference between a contested divorce and an uncontested divorce is that it is very time-consuming, can cost a lot more, and can cause more emotional and mental stress on the family. Nevertheless, when both spouses refuse to resolve issues peacefully, contested divorce is where couples will find themselves.
What is an uncontested divorce?
Fortunately, even when there are serious issues between you and your spouse, you don't need to go through an expensive and time-consuming court battle just because you disagree about something. An uncontested divorce is a divorce case in which both parties agree to all aspects of the divorce. An uncontested divorce may occur for many reasons: either the spouses want to avoid the stress and expense of litigation, they have already agreed upon everything in their divorce settlement, or they have been able to negotiate a favorable outcome without going to court.
In an uncontested divorce, the spouses usually agree on how to divide property, who will pay what debts, and how to handle child custody arrangements. The difference here is that an uncontested divorce takes much less time and money to enact. Even though uncontested divorce may be the easier route, having a skilled paralegal representing you would be the best course of action.
What path should we take?
The path every couple takes depends on the situation and how well they can come to an agreement over children and assets. If you can, uncontested divorce is the way to go. If not, get ready for a contested divorce.
Here at Independent Legal Solutions, we will help you through the uncontested divorce process. If you would like to hear more about this or need advice from an expert paralegal, give us a call at 909-451-9819 or send us a message.