Tuesday, March 19, 2013
What is a Contested Divorce? Family Lawyer Lowell MA
What is a Contested Divorce?
A contested divorce simply means that, issues relating to division of property, custody, child support and spousal support are being contested and the parties involved are unable to agree on how this will be done. This disagreement will generally require the help of a divorce attorney and it leaves the resolution of the issue up to the judge to decide on how the marriage will be dissolved.
The disagreements may include how the property and assets will be divided as well as issues regarding child support, spousal support, alimony, visitation, the financial debt that occurred in the marriage and more.
Both parties may desire a divorce, but cannot agree on important issues like, but not limited to, property distribution, debt allocation, child support, custody, and alimony. In a contested divorce, the couple looks to the court system decide the matters related to the divorce.
If the divorce becomes hotly contested or cannot be deliberated in a constructive way then it may require the assistance of a divorce mediator. Mediation is a service that provides an opportunity for the parties who wish to get divorced to work with one another through a neutral third person, to decide the issues that need to be resolved in a divorce.
Those issues generally include custody of the children, the support for the child or children as well as the spouse and the division of the marital asset.
Mediation is an opportunity for the parties to work with one another in a confidential manner and to work at a pace that's suitable to both parties.
What is Uncontested Divorce?
Uncontested divorce is a divorce where the issues are not contested by either party. If you and your spouse have worked out an agreement between each other and there are not a lot of complex issues to deliberate on then an option is to retain an attorney to get the legal documents prepared for submission to the court.
Usually a divorce that is uncontested means that there are no disputes between parties on the issues that need to be decided. Parties have agreed on the division of any property and assets that have been acquired. If children are involved, custody, support and a parenting plan has been worked out. This is especially desirable since the children of the marriage will benefit from the parents ability to cooperate. Finally, expenses have been sorted out amicably and all that remains is the Court’s approval of the parties’ global agreement.
If you are facing divorce in Massachusetts you should familiarize yourself with the process by seeking the advice of a qualified Massachusetts family attorney. Various laws are typically involved, which many people find overwhelming. A professional attorney can explain these laws to you in a manner you can understand.
For Questions Regarding Contested Divorce,
Please Contact: Todd D. Beauregard for a Free Consultation Call - 978-275-1919
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