A divorce is a difficult time. Emotions run high and there may be significant disagreements about important issues. If you can resolve these major issues, you may be able to simplify your life by filing an uncontested divorce. If not, you may require a full contested divorce to end your marriage. An experienced Missouri divorce attorney knows how to help you navigate the state’s complex legal system and streamline your separation as much as possible.
At Wegmann Law Firm, we understand what you are going through. We take a compassionate approach to your needs while representing you vigorously in court. Here, we explain the differences between uncontested and contested divorces in Missouri.
What Is a Contested Divorce?
A contested divorce is one that most people first think of. The parties cannot agree on major issues and they must then be decided by the court. These types of divorces require multiple court appearances and a more in-depth process. They are typically more expensive and stressful as compared to an uncontested divorce.
Common areas that divorcing spouses cannot agree upon include, but are not limited to:
- Alimony or spousal support
- Division of marital assets
- Allocation of debt
- Child custody or visitation
- Child support
When Is a Contested Divorce Appropriate?
If the parties cannot resolve their differences, they must file a contested divorce action. It may also be appropriate if there is a power disparity between the parties. One party may be more highly educated, be the breadwinner, or have more control of the assets. A contested action puts the case before a judge who can better ensure your rights are protected.
Contested divorces are also very helpful if your spouse is hiding assets. The discovery process investigates your joint assets and where everything is. The act of concealing assets is better discovered and remedied in these situations.
What Is an Uncontested Divorce?
An uncontested divorce occurs when you and your spouse can agree on all of the major issues of your divorce before you proceed. These divorces are usually much quicker and cheaper than a contested divorce. It also helps you resolve more issues amicably, preserving at least some level of the family bond. Uncontested divorces are also easier on your children, as they do not have to witness a prolonged battle and the anger of a contested divorce.
To use the uncontested divorce process, you do not necessarily have to agree on everything right away. The spouses and their attorneys can engage in settlement negotiations or even mediation to resolve any remaining disputes. Many times, these disputes are easy to resolve with experienced attorneys by your side. This whole process is new and stressful, so many parties find that the knowledge of their legal counsel reveals new answers they did not know existed.
Use a Missouri Divorce Attorney for Help with Uncontested or Contested Divorces
Deciding whether you need to file a contested or uncontested divorce may be difficult at first. There may be issues you have yet to resolve, but perhaps you can get there with a little help. Instead, you may have a spouse that refuses to cooperate and you know that a contested divorce will be necessary.
In either case, you need an experienced Missouri divorce attorney who understands both types of cases. You must follow specific legal procedures to end your marriage and protect your rights during the divorce process.
At the Wegmann Law Firm, we provide local representation you can count on. Our experienced Missouri divorce lawyers stand by your side every step of the way. Request a consultation today to get started.
