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Understanding the Difference Between Contested vs. Uncontested Divorce

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No doubt about it, most divorces are messy. Emotions are high; people are hurt; anger is rampant. A good divorce attorney such as the divorce attorneys at Petrelli Previtera, LLC is what is needed to help calm emotions and make the divorce proceedings run smoothly and efficiently for all involved.

Divorces can get even messier when they are contested. What exactly is a contested divorce and an uncontested divorce? >Petrelli Previtera, LLC will answer that question in this blog post, and if you are thinking about a divorce or have just been told by your spouse, he or she wants a divorce, contact us today!

WHAT’S A CONTESTED DIVORCE?

A contested divorce is a divorce where the parties involved cannot agree to the terms of the divorce. The areas of dispute are often on the division of assets, alimony, child support, child custody, and debt responsibility.

WHAT’S AN UNCONTESTED DIVORCE?

An uncontested divorce is a divorce lawyer’s dream because they are not all that frequent. This is where the parties agree on everything and do not need a third-party to intervene and decide about any areas of contention. Uncontested divorces are usually characterized by either little time of being together and/or no children together. Uncontested divorces are processed much more quickly, are much less complicated, and thus are less costly than contested divorces.

WHAT’S A DIVORCE SETTLEMENT?

A divorce settlement is when a contested divorce is settled or agreed upon by both parties involved before reaching trial. This is the most frequent type of divorces. They are a bit more costly as they take longer than an uncontested divorce, but these are better than when a contested divorce goes to trial. Here, the decision is out of both parties hands, and if the court makes a ruling that one party does not like, it enters an appeal process, which takes even longer to finalize the divorce. When you settle, you are agreeing to the divorce terms and thus cannot appeal it. This ends divorce proceedings.

STEPS IN A CONTESTED DIVORCE

  • Prepare, file, and serve the divorce petition, which is the legal paperwork asking for the divorce and stating the reason why
  • Respond to the petition
  • Hire a divorce attorney
  • Divorce discovery process, which is where information is gathered by both divorce lawyers, such as subpoenas, questionnaires, and depositions
  • Pre-trial legal motions and hearings (this can be a handful of hearings anywhere up to dozens. This is where legal fees can add up quick.)
  • Settlement proposals and negotiations between divorce lawyers
  • Trial if a divorce settlement is not reached
  • Appeal process if a party is not happy with the court’s decision
  • Finalize the divorce

STEPS IN UNCONTESTED DIVORCE

  • Prepare, file, and serve the divorce petition
  • Respond to the petition
  • Both parties sign the divorce petition, agreeing to the terms
  • Pay filing fee
  • A judge will approve the divorce and finalize it

DOES A CONTESTED DIVORCE OR AN UNCONTESTED DIVORCE MATTER?

As you can see from the steps above, an uncontested divorce is much simpler (and often much less stressful) than a contested divorce. The difference in cost can be substantial when you contest a divorce. Family lawyers such as Petrelli Previtera, LLC usually charge by the hour, so costs can add up quickly the more your lawyer has to go back and forth with another lawyer. And if a divorce settlement is not reached and you go to trial, you’ll face court costs as well. Most of us know getting a divorce is not cheap, both in terms of representation and dividing up assets with your spouse.

SHOULD YOU “DO YOUR OWN DIVORCE”?

In an effort to save money, some couples have opted to forgo professional representation. This is usually for uncontested divorces. In this instant, it may be worth your while, as you’d just pay for the paperwork to be drawn up and finalized. However, in a contested divorce, DIY divorces are not recommended by the divorce law firm of Petrelli Previtera. The legal proceedings are very complex in contested divorces to those untrained in the law. Furthermore, when you act as your own lawyer in a contested divorce, the emotional repercussions can be devastating, and your judgment can be easily clouded by emotions. Having an impartial, top-notch divorce lawyer as your advocate such as the divorce lawyers at Petrelli Previtera is well worth its weight in gold.

THE PETRELLI PREVITERA DIFFERENCE

The Denver divorce lawyers at Petrelli Previtera, LLC in Colorado specialize in people. We make your priorities our priorities as we promise to represent you with honesty, clarity, and integrity. We understand the financial and emotional hardship a divorce can bring, and we want to help you by assuaging your worries by allowing us to represent you. We understand that the cost of a divorce, especially a contested divorce, can be a financial burden. As the Top Rated Local® family law firm, we’ll fight for you every step of the way. Contact us for a confidential divorce attorney consultation today!

Client Testimonials

They are amazing! I highly recommend anyone that is in need of assistance with child support hearings to seek out the expertise and experience of this law firm and staff! They handled my case quickly and I feel that my money was put to good use. Much appreciated! Nothing less than five stars!

Alana Deverson

I just want to say GREAT JOB! She is a no nonsense professional with years of experience that qualifies her as a skilled Family Law attorney. She is seasoned, sensitive, and most of all she cares. She made things easy for me. Definitely recommend!

Kimberly Colby

Overall I was pleased with the results of my divorce case. The entire Petrelli Previtera team truly cares about their clients. Luckily for me, I was paired up with an amazing team helping all the way. If you happen to work with this firm and with the lawyers you’ll be in great hands. It was such an excellent service and it was beyond I expected.

A Family Law Client Chevy Chase , MD

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