A divorce can be processed in two different ways. It can be uncontested or contested. It is important that before filing for divorce the parties take into consideration how each different process will affect them personally and affect their family as a whole.
When a married couple wants to end the marriage amicably, it means that they are willing to divorce by cooperating instead of litigating. The couple must agree to how the property they own and debt they incurred will be divided. If there are children, the parents will also agree to the parenting plan that will detail who the children will be living with and who will be responsible for child related expenses. This makes the divorce uncontested because all the issues are resolved outside of the court.
During this process, it is very important to have a devoted attorney assist you in order to make sure that there are no delays and that your interests are properly protected. Even in an uncontested divorce, there is a need for preparation of pleadings and the drafting of a marital settlement agreement that accurately portrays the decisions you have made. Sometimes, there is a need to amicably negotiate or creatively help with issues that you or your spouse are not sure about. This is the reason why you would hire an experienced attorney to represent you in an uncontested divorce.
A contested divorce happens when the couple cannot agree. This process takes a lot longer to finalize and may take a greater toll on the family both emotionally and financially. However, At Casais & Prias, we will make sure that we make your needs a priority and that those needs are properly explained to the judge who will make the decisions on the issues that you and your spouse do not agree on.