Divorce can be a difficult as well as psychologically tolling process on all parties involved. When it comes to divorce, there is not just one way to divorce. Parties can choose to each hire a lawyer to represent them during the divorce process, parties can choose to work together with a mediator to assist them in crafting an amicable agreement or each party can choose to hire a collaborative divorce lawyer and work with each other and the lawyers with the goal of resolving issues and avoiding court. A divorce can be uncontested, contested or granted by default. The differences are explained below:
It is always the least costly and best choice to try and resolve a divorce in an uncontested way. An uncontested divorce is where you and spouse work together to craft an agreement on the terms of your divorce. By working together and agreeing on the terms, you can avoid going to court.
Parties can work together with a neutral mediator to craft the terms of the divorce and then file the divorce papers themselves with the court. They can also each hire a collaborative divorce attorney who will work with them to craft an amicable divorce agreement with the goal of avoiding court. If the parties disagree and decide to go to court, the collaborative divorce attorneys will discontinue representation. Or, a party can choose to hire a divorce lawyer to file divorce papers and craft an agreement to present to the spouse for signing 90 days from service of the divorce complaint on the spouse. If the parties consent to the divorce and sign the paperwork, the divorce papers can be filed with court and the parties will receive their divorce decree thereafter.
A court will grant a divorce by “default” if a party files for divorce and the spouse does not response after being properly served with the divorce complaint and paperwork. This can be used when a spouse’s whereabouts are unknown or is unwilling to participate in the divorce process.
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