Divorces can be classified as either contested or uncontested. In an uncontested divorce, the divorcing spouses have reached agreement on all of the issues that they may face: Who will have primary custody of the children? How much child support should be paid? What do we do with the house? An uncontested divorce can usually be completed within 2 months of the initial meeting with your attorney.
By contrast, a contested divorce occurs when the parties cannot come to an agreement on children, property, or finances and need to use the court system so that a family law judge can decide the matter for them. When there are contested issues in the pending divorce, it is best that you reach out to an attorney who is experienced in preparing and filing appropriate petitions and motions with the court and is able to provide personal legal advice to your issues.
An experienced attorney can review your case for common pitfalls that trip up divorcing couples and advise you of your legal rights and responsibilities. An attorney can help you resolve complex matters by filing petitions and motions and develop arguments to move your case towards trial or a favorable settlement.
Regardless of whether you believe that you and your spouse will settle your marriage and proceed with an uncontested divorce, it will be to your advantage to consult an attorney to determine what legal rights you may have. An attorney can effectively help you in making a decision that will best meet your needs and interests. The Law Offices of Van A. Schwab has the right combination of experience, expertise and service to help you navigate your divorce case.