Uncontested vs Contested Divorce

divorce form

Divorce marks a significant turning point in one’s life, often accompanied by emotional turmoil and confusion. Understanding the nuances between an uncontested and contested divorce is crucial, empowering you to manage this challenging journey with clarity. A divorce attorney in Cherry Creek, CO, can be a crucial resource in guiding you through these variations, ensuring you make informed decisions tailored to your unique situation.

Uncontested Divorce

In an uncontested divorce, both parties agree on all key aspects of their separation, streamlining the process significantly. This consensus includes:

  • Division of Assets and Debts: Ensures a fair distribution of all marital property, ranging from tangible assets like real estate and vehicles to financial assets such as bank accounts and retirement savings, facilitating a smooth transition for both parties.
  • Child Custody and Support: Establishes a comprehensive plan for the children’s physical living arrangements and legal decision-making authority, ensuring their welfare is prioritized. It also involves calculating child support payments in accordance with state guidelines, aiming to maintain the children’s standard of living.
  • Spousal Support: In certain situations, one spouse may provide financial support to the other, determined by various factors including the length of the marriage and each spouse’s financial status, ensuring that both parties can move forward securely.

Contested Divorce

A contested divorce arises from disagreements on one or more separation aspects, whether about asset division, child custody, or spousal support. This process often requires detailed legal proceedings as both parties present their cases, necessitating a deeper dive into financial records, parenting plans, and individual needs. It can lead to a trial where a judge will make the final decisions, adding layers of complexity and time to the divorce process. Represented by family law attorneys, each spouse enters a process that includes:

  • Discovery: This phase involves an extensive exchange of information and documents to build a comprehensive case for each side, aiming to uncover all relevant facts and figures.
  • Mediation: During this step, a neutral mediator works with both parties to facilitate dialogue and understanding, striving to help them find common ground and reach a mutually agreeable solution without needing a court’s intervention.
  • Trial: Should mediation not result in an agreement, the dispute proceeds to trial, where a judge will listen to arguments from both parties, review the evidence presented, and make a final decision on all contested issues.

Guiding You Through Divorce

When facing the pivotal decision of divorce, whether uncontested for its swift and cost-effective nature or contested due to unresolved disputes, mediation stands as a promising avenue to avoid lengthy court procedures. In these times, Thomas N. Scheffel & Associates, P.C., located in Cherry Creek, CO, provides essential legal guidance to protect your interests and seek a just outcome. Their commitment to offering compassionate and thorough support across Denver, Littleton, and Cherry Creek ensures that your path through the legal system is clear and focused on securing your future. Reach out to schedule a consultation and start the journey toward a new chapter in your life.