Uncontested divorce vs. litigated divorce

On behalf of Stange Law Firm, PC posted in divorce on Tuesday, July 12, 2016.

When Missouri couples are facing the end of their marriages, they need to go through a series of legal decisions. How they reach terms for property division, child custody and spousal support depends upon their personal needs and their ability to control their emotions during negotiations. An uncontested divorce and litigation represent the opposite ends of the spectrum of legal options.

In an uncontested divorce, the spouses come to an agreement on the applicable issues. For this method to work, each party must stay focused on their long-term needs and the best interests of their children. They might work with a financial adviser to help them divide assets and debts and then have their attorneys review the settlement agreement. This paperwork would then be sent to the court for approval. When this process works, the divorcing people might confine their costs to a few thousand dollars.

A litigated divorce, however, could easily cost much more than that because both ex-partners hire their own lawyers. Their individual lawyers then strive to achieve the financial settlement that each client desires. An emotional need to punish the other person could drive a person to keep pushing for specific terms instead of seeking a compromise. Disputes might result in showdowns in court where a judge could make the final decisions.

The end of a marriage often presents a variety of divorce legal issues. One of the ones that almost every couple will face involves the division of property. When a couple gets bogged down on items that may have sentimental value, they may want to have their respective attorneys negotiate a settlement agreement that each party finds satisfactory at the end of the day.

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