There are two main types of divorce. These are not as clear cut or exact as they first appear to be. However, for the purpose of a simple explanation, they are divided as follows:
THE UNCONTESTED DIVORCE
Perhaps because it’s faster than the Contested Divorce, or maybe because of the depressed economy, the Uncontested Divorce has been sought by many over recent years; as faster usually means cheaper.
Unfortunately it is also the divorce that’s most frequently misnamed.
Most people find it’s easier to say Yes to the Divorce than to the Settlement. An Uncontested Divorce means that everything is uncontested and agreed upon. Many people assume that because their Spouse agrees to the divorce, the details will also be accepted. This is rarely the case.
A real Uncontested Divorce is one where the Spouses have not only agreed to the Divorce itself but have also already spent time and worked together to reach an agreement on the division of assets, a parenting plan, the primary residence and maintenance of the Minor Children, and all the other issues that form such a Divorce. They have reached a compromise on the contentious details and the Divorce Lawyers can simply proceed with the legalities and have the matter finalised as promptly as possible.
It also means that although they cannot both be represented by one Divorce Lawyer, only one Spouse needs to hire a Divorce Lawyer to handle the Divorce. That Divorce Lawyer attends to all the legal documentation; i.e. the Combined Summons and Settlement Agreement and such, and the other Spouse who is not represented by the Lawyer will read and sign the Agreement. This Spouse may contact the Lawyer to ask questions and obtain information they require but should always remember that the divorce Lawyer at all times is acting in the best interests of the Spouse who instructed them.
THE CONTESTED DIVORCE
Most Divorces start off this way. Often only one of the Spouses wants to Divorce and the other Spouse wants to stay in the marriage. The reluctant Spouse can and does use many delaying tactics to draw out the Divorce process, making it too lengthy and expensive for the other Spouse to afford.
Often the Spouse who does not want the Divorce will use a variety of strategies to hold-up the Divorce, such as:
Minor Children are used as pawns
Financial support is withheld
Abuse in many forms begins – physical, emotional, social, sexual, etc.
Family and friends are involved to put pressure on the divorcing Spouse
The divorcing Spouse suffers at their place of work through actions by the other Spouse
Hiding of Assets is commonplace, which can delay the proceedings
In short, the non divorcing Spouse often declares war on the divorcing Spouse and vice versa and in consequence of the resultant prolonged conflict and hostilities it is regarded as a Contested Divorce. Usually most of these types of Divorce do not end up in Court because the parties eventually settle prior to going to Trial. However, without the expertise and skill of a Specialist Divorce and Family Law Lawyer, these acrimonious Divorces can battle on for up to three years before becoming final.
Divorce Lawyers - While many divorce attorneys offer credible services to their clients, we at Straight Divorce do that and more. Because we have made it our goal to provide straight answers to all questions about divorce, you are assured that when you visit Straight Divorce, you will find straight answers and clear solutions.