There are many reasons that married couples may decide to split up and go their separate ways. Some of these cases may involve high levels of conflict due to disagreements over how to handle money or how to raise children. Issues such as infidelity or substance abuse may have contributed to the breakdown of a relationship. In more severe cases, physical violence or emotional abuse may play a role. In these situations, divorce may be considered the best choice for everyone involved, as it can help reduce potential future conflict and provide family members with an opportunity to live in a more peaceful environment.

In other cases, couples may have simply grown apart, discovering that they no longer share the same interests, goals, or desires. Over many years of marriage, one or both spouses may come to feel that they are no longer happy with their life, and they may consider ending the relationship and starting over.

The reasons for a divorce may determine how a couple will proceed with the process of legally dissolving their marriage. Whether a divorce is contested or uncontested will depend on factors such as the level of conflict, the spouses’ ability to work together to reach agreements, and the complexity of the issues that will need to be addressed. A family law attorney can help provide guidance on legal and financial matters that may affect a divorce and the options for resolving potential disputes.

Grounds for Divorce

Whether a divorce is contested or uncontested will usually depend on how the issues involved in a case will be handled. However, before those issues can be addressed, the divorce process will need to be initiated. The process will begin when one spouse files a petition for divorce. This petition will usually be served to the other spouse, who will have the opportunity to file a response or submit their own counter-petition for divorce.

A divorce petition will include the grounds for divorce, which are the reasons why a spouse has decided to take steps to end their marriage. The potential grounds for divorce may differ depending on the state where the divorce is filed. However, all 50 states allow for no-fault divorce, meaning that there will be no need for a divorce petition to state that one spouse was at fault for the breakdown of the relationship. In a no-fault divorce, the divorce petition will state that the marriage has broken down due to irreconcilable differences between the spouses.

There may be some situations where a divorce petition may include fault-based grounds for divorce, such as abuse. However, most states encourage no-fault divorce, and in some states, this is the only option. No-fault divorce is meant to help couples avoid conflict, as there will be no need for either party to blame the other for the end of their marriage. A divorce lawyer can help prepare a divorce petition, ensuring that all required information is included and that the petition is served correctly to the other spouse.

Negotiating a Settlement in an Uncontested Divorce

As the divorce process proceeds, a couple will need to address a variety of issues to ensure that they can fully separate their lives from each other. Many of these issues will involve financial concerns, including how to divide all of the property they own. They may need to consider money saved in joint or individual bank accounts, their family home, vehicles, personal belongings such as furniture and appliances, valuable items such as artwork or collectibles, and investments or retirement accounts. Any assets or debts that were acquired during a marriage will typically be considered marital property, and a couple may work together to decide how to divide the marital estate.

In some cases, one spouse may ask for financial support from the other spouse. This may be known as spousal support, spousal maintenance, or alimony. This type of support may be considered if one spouse earns the majority of the family’s income, if one spouse has been a stay-at-home parent or has limited work experience, or if there are other reasons why one spouse may be unable to fully cover their own living expenses. Support may take the form of ongoing payments or a lump-sum payment.

If a couple has children, they will need to determine how they will handle ongoing parental responsibilities, including decisions about issues such as education and medical care. They will also need to determine where children will live, when they will spend time in each parent’s home, how transportation arrangements will be handled, and other related issues. Child support orders will typically be established to ensure that both parents are contributing to the costs involved in providing for their children’s ongoing needs.

All of these issues can be addressed outside of court through the negotiation of a divorce settlement. A divorce attorney can provide guidance on the options that may be used to resolve the outstanding issues in a case, including direct negotiations between the parties, mediation, or collaborative law. The goal of an uncontested divorce will be to create a divorce settlement that can then be filed in court to finalize the case.

Litigating a Contested Divorce

In a divorce involving high levels of conflict or complex issues that spouses are unable to resolve through negotiations, a divorce trial may become necessary. A contested divorce may not necessarily require litigation of every issue. In some cases, a couple may reach agreements on most outstanding issues, but they may be unable to resolve certain matters.

When a case proceeds to trial, extensive preparation will usually be needed. A divorce lawyer will gather all of the relevant information, and they may also arrange for expert witnesses to testify. A pre-trial conference may be held between the parties’ attorneys and the judge to determine whether a case can be resolved without a trial. If a trial will be necessary, both parties will present evidence, and they may call and cross-examine witnesses. The judge will review all information presented and make the final decisions about how the outstanding issues will be resolved. They will then issue a divorce judgment that will finalize the dissolution of the parties’ marriage.

In many cases, a contested divorce is seen as a last resort after negotiations have broken down. An experienced lawyer can provide guidance on when litigation may be necessary, and they can advocate for their client during a trial. Regardless of whether a divorce is contested or uncontested, a divorce attorney can provide legal representation and work to resolve all outstanding issues.

Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Divorce processes and outcomes can vary based on individual circumstances and local laws. For specific guidance related to your situation, it is recommended that you consult with a qualified divorce attorney or professional.