The Divorce Tutorial - Page 2
Contested vs. Uncontested Divorce
There are two kinds of divorces - contested and uncontested. A contested divorce is one in which the parties cannot agree, either about getting divorced or about the terms of the divorce, such as the division of assets, allocation of debts, alimony, child support, or the custody of children.
In an uncontested divorce, the spouses agree on everything and do not need the court to divide assets or make determinations about spousal or child support or custody. In general, an uncontested divorce will proceed through the system more quickly, be much less complicated, and less of a financial burden.
Often couples will begin the process of a contested divorce and then, before the actual trial, reach agreement on the financial terms and otherwise-of the divorce. This is called a settlement. One of the biggest advantages of a settlement is that neither spouse will appeal it, because both by definition agree to it and thus are presumably happy with it. Both parties can therefore be assured of finality and an end to litigation. If you reach a settlement with your spouse, it is essential to have the agreement memorialized in such a way that it makes the settlement legally binding and enforceable.
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