26 Oct Uncontested Divorce Vs Contested Divorce
Going through a divorce will always come with some sort of difficulty. Whether it is emotionally, mentally, or financially, there is some type of cost to you and your partner. Fortunately, that cost is usually at its minimum when you go through an uncontested divorce. Splitting on amicable terms is the best way for your divorce proceedings to wrap up quickly and as pain-free as possible. If you and your spouse don’t have much in regards to assets, and there are no children then an uncontested divorce is usually your best route. Even if you do have children, as long as the two of you can work out and agree to a schedule that benefits all parties than you could still have the option of an uncontested divorce.
Uncontested Divorces in Rhode Island
An uncontested divorce happens when you or your spouse file for divorce, and the other party agrees without dispute. The details of the settlement are worked out, outside of court. The lawyers, if thee are lawyers involved will usually discuss the agreement before submitting the settlement to the judge. While an uncontested divorce is the easiest divorce option, we don’t hear about them too often because of the emotional nature of divorce. It is less likely that couples with children and multiple shared assets will go the route of an uncontested divorce, but it is not impossible if both parties are willing to try.
In Rhode Island, you file a no-fault divorce when you are filing uncontested. This means that you and your partner agree that there are irreconcilable differences that caused the breakdown of your marriage. It also means that one of you has lived in Rhode Island for at least a year.
Before the final order is given you both have to fully agree on the division of property and how finances will be handled as well as time-share schedule with children if applicable.
Contested Divorces
Contested divorces are common as it does tend to be difficult to get couples to agree on everything. It’s important to know that even if you start off with an uncontested divorce when something pops up that both parties cannot agree on or work out the divorce becomes contested. A contested divorce usually involves the participation of a judge and/or mediator to work things out between the parties and decided the best course of action.
A contested divorce is a necessity for some couples because hurt feelings and bruised emotions can cloud a person’s judgment on what is fair. Often times you’ll find that one spouse is attempting to exact revenge on another. This where a mediator comes in to play to find a compromise between the party in order to settle the disagreement. Some courts require mediation before bringing the case in front of a judge. If mediation does not iron out all the disagreements, then the remaining problems are brought before a judge.
Most times you’ll be advised to avoid this option because what the judge says is usually final and neither party winds up having an agreement that they are satisfied with.
The Differences
An uncontested divorce is most likely always going to be the best option for your divorce if it is an available option for you and your spouse. Uncontested divorces will save you both time and money. With an uncontested divorce, you can wrap up the proceeding within 60-90 days. A contested divorce can go on for years if you’re not careful or if one spouse is vindictive. Contested divorces cost more money because you have to pay for more of your lawyer’s time, pay for mediators, investigators, accountants, and other professionals that could benefit your case.
An Expected Outcome
When it comes to an uncontested divorce, you have more peace of mind when it comes to what the outcome will be. With an uncontested divorce, you’ll have a solid grasp of how the proceedings will go and how the divorce will end. This peace of mind is not something you can obtain with a contested divorce. When beginning the divorce proceedings it is important to assess what is actually worth fighting about. A fair time-sharing schedule is probably worth fighting about while who gets the television is not worth the money and time.
Contact An Experienced Lawyer
Regardless this is something you will want to and should discuss with your attorney. An experienced family law attorney can help steer you in the right direction. Elisha Morris understands how difficult divorces can be. That is why she dedicates her time to getting the best results possible whether your divorce is contested or uncontested. No one can promise you that getting a divorce is going to be easy and fast. Oftentimes many couples that go into divorce thinking that it is going to be uncontested oftentimes come across an issue that they cannot agree on and this changes the course of their proceedings. It is an unfortunate occurrence but it does happen. Having a lawyer on your side who has encountered countless unique divorce experiences will be your best resource if this happens.
If you’re thinking about getting an uncontested divorce in Rhode Island, call Elisha Morris today to discuss your options!
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