Blog

When most people think of divorce, they imagine a long and arduous process full of conflict and bitterness. However, this is not always the case. In some instances, divorces can be relatively smooth and amicable.

But what is the difference between a contested and uncontested divorce? Let’s take a closer look.

Contested vs. Uncontested Divorce

When both parties can’t agree on one or more issues, such as division of assets and debt, child custody, child support, and spousal support, it is considered a contested divorce.

In contrast, If parties have already agreed on all issues, then the divorce is considered uncontested. To file for an uncontested divorce, both parties must sign and file a marital settlement agreement with the court. If the court finds it is fair and equitable, it will approve the agreement and issue a final divorce decree. However, if the court finds that the agreement is unacceptable, it will send the parties back to negotiations to reach a resolution.

An uncontested divorce saves time, money, and stress for both parties involved. In addition, uncontested divorces tend to have a lower level of conflict, which can benefit any children involved. If the parties can communicate and cooperate with each other, they may be more likely to reach an agreement that is fair and agreeable to both sides.

While uncontested divorces are often cheaper and faster, there are certain benefits to a contested divorce.

1. It helps to ensure that both parties are fairly represented. If one party feels they are not receiving fair treatment, they can hire an attorney and take their case to court.
2. The judge will make sure that all assets are appropriately divided. In an uncontested divorce, both parties may be tempted to overlook certain assets to save time and money. However, in a contested divorce, both parties are required to list all of their assets and negotiate a fair distribution.
3. A contested divorce can also help to protect the rights of both parties. For example, if one spouse is asking for alimony or child support, a court will review the case and make an unbiased ruling based on what is just.
4. It allows the court to consider all of the evidence before making a decision. This can provide peace of mind for both parties knowing that the court has considered all relevant factors before ruling.

While no one likes the idea of going to court, a contested divorce can sometimes be the best option for ensuring an equitable outcome.

Whether you are considering a contested or uncontested divorce, the legal process is complex. If you live in San Jose or the greater Bay Area, our attorneys at Lonich Patton Ehrlich Policastri can help you with your case. Our team of lawyers has years of experience in family law and divorce litigation.

Contact us for a free consultation by filling out our contact form or calling 408-553-0801. We will make sure you receive a fair settlement.

Getting married is an exciting moment in your life. As with many pivotal life events, marriage can come with an increase in responsibility. Marriages are deeply emotional and can involve sharing almost everything. Prenuptial agreements are a great way to ensure that you and your partner are on the same page before you get married. A prenuptial agreement is a legal document that outlines which assets belong to who. A common misconception is that getting a prenup creates an avenue for divorce. This is, however, untrue. In the best-case scenario, a signed prenuptial agreement will never go into effect. If, however, it becomes necessary, it is a great way to make sure that both parties can leave the marriage with agreed-upon assets. Read on to learn more about other benefits prenuptial agreements can offer.

Advantages of Getting a Prenup 

1. Ensures Honesty & Fairness
   Prenuptial agreements are, first and foremost, agreements. This means that they require both parties to understand and be on the same page about how things will go. They encourage honest conversations and can be an excellent opportunity to build understanding with your partner. Additionally, prenuptial agreements are designed to be fair to both parties. Deciding what is fair, along with what makes sense for you and your assets, is a unique conversation that should be had. Having this conversation without the emotional turmoil that divorce can bring ensures that you are making clear and well-planned decisions. A legally-binding document made in good faith can give both parties the peace of mind that hard decisions have already been made.

2. Offers Protection
   Prenuptial agreements offer many forms of protection. This can include financial protection, such as defining which assets belong to who. Another form of financial protection that prenuptial agreements offer is protection from debt. If one party has significantly more debt than the other, it can be vital for the person with less debt to take the protection that prenuptial agreements offer. Another form of protection that prenuptial agreements provide is emotional protection. The ability to ensure that any children you may have can receive assets is vital. This can ensure that your children receive what is fair. Additionally, getting a prenup can prevent long and messy divorces. A primary focus of a divoce, in a legal sense, is deciding how to divide marital property. Since prenuptial agreements clearly define that, they greatly shorten divorces. This makes it far less financially and emotionally draining.

Get the Support You Deserve

Marriage is a life-changing and joyous occasion. When it comes to finances and asset protection, though, there is no such thing as being over-prepared. Having a prenuptial agreement provides you an avenue for an honest conversation with your partner prior to marriage. Additionally, it can offer you the financial and emotional protection you deserve. At Lonich Patton Ehrlich Policastri, our attorneys are well-versed in helping you navigate the tough conversations and decisions that come with creating a prenuptial agreement. Reach out to us at 408-553-0801 today to find out how we can support you and your soon-to-be spouse.