Divorces are rarely totally “uncontested.” These situations tend to create many disputes that can be difficult to resolve. However, if you can handle the components of a divorce outside of a court proceeding, you are likely to obtain many advantages. If you are going through a contested divorce, it is especially important to obtain the services of an experienced divorce attorney to protect yourself throughout the process. Here are some things that you need to know about contested divorces.

Contested Divorces vs Uncontested Divorces

Contested divorces are generally more complex and difficult than their uncontested counterparts. In a contested divorce, each party is unable to come to an agreement regarding the factors of the divorce. This type of divorce tends to move much more slowly and can take anywhere from 6 to 12 months to resolve. They also are often more expensive, because they require more court-related processes and services of a professional. Finally, contested divorces are appealable, because the final decision is made by the court.

In an uncontested divorce, each party will come to an agreement regarding the terms without necessarily going to trial in a divorce. These uncontested divorces tend to be settled much more quickly than contested divorces, usually around 30-60 days. They also tend to be less expensive because they require fewer processes and steps. Since each side has come to an agreement on the terms of the divorce, they are not appealable processes. This doesn’t mean that the terms are set in stone, but it will require different processes to change them.

Common Issues in a Divorce

Understanding the key common issues in a divorce will help you to understand why contested divorces are often necessary. The issues that tend to be difficult for individuals to resolve include child support and custody, asset distribution, the division of property, alimony payments, debt allocation, and temporary spousal support. It is extremely common for each party to not be able to come to an agreement on these things, which may require a contested divorce if mediation is unsuccessful.

Tips for Avoiding Contested Divorces

Contested divorces can be incredibly complex and frustrating. Understanding how to avoid these divorces can go a long way toward simplifying your divorce process. It is important to remain civil as much as possible in any interactions with the other party. It is also crucial to listen to the other individual, even if you don’t necessarily agree with what they are saying. Don’t get greedy in the divorce process and attempt to get more than your fair share of the possessions. It is important to refrain from making principle arguments. Though you might feel like you deserve something out of principle, this can simply convolute the process. Ensure that you are open to the idea of compromising, as this is often the cornerstone of a simplified divorce process. It can be especially helpful to consult with professionals throughout the divorce process, especially an attorney.

The Steps in a Contested Divorce

Contested divorces tend to be more complex, which results in many more steps. This is why they should generally be avoided when an uncontested divorce is possible. Here are the steps that are involved in a contested divorce.

Obtain an Attorney

It is critical to hire a divorce attorney during a contested divorce. However, it can still be particularly beneficial to hire an attorney during an uncontested divorce. Divorces can be incredibly complicated and difficult to go through. Working with an attorney can significantly help to improve the process and protect your interests throughout the divorce.

File a Divorce Petition

The first step in the divorce process is crafting and filing a divorce petition. This petition tends to include the reasons for the divorce and the various factors involved in the divorce. Whether you or your spouse files the divorce petition, it is the first step toward obtaining a divorce.

Response to Petition

After the divorce petition has been filed, the other party will have to respond to the petition. Consulting with a divorce attorney can help with either filing the divorce petition or responding to a divorce petition that has been filed.

Information Gathering

After the second party has responded to the divorce petition, the process will go into the information gathering stage. This is the stage where your attorney will gather any information that is relevant to the divorce. This may include gathering testimonies from the spouse or other 3^rd party witnesses. This information will likely be used in court to determine the final outcome of the divorce.

Legal Motions and Hearings

There are many various legal motions and hearings that may be necessary prior to the trial. These processes will happen after the information gathering portion of the divorce process.

Settlement Proposals and Negotiations

During settlement stages, it is possible that you will be able to avoid taking the matter to court. During this stage, you often work with your attorneys or mediators to try and find an agreement that everyone can come to terms with. This stage can help to resolve disputes without requiring a court trial. However, going to trial will become necessary if the settlement process fails.

Prepare for Trial

If the settlement fails, the matter will proceed to trial. During this time period, you and your attorney will focus on preparing for the upcoming trial.

Court Trial

In a contested divorce, there will be a court trial. During this trial, the court will decide the various factors of the divorce. However, it is important to keep in mind that a court trial may not result in the ideal outcome you want. If this is the case, there will be yet another step in the contested divorce process.

Appeal

If necessary, you may appeal the court’s decision. This may help you to obtain the most favorable outcome for your divorce process. It is also important to keep in mind that an appeal is not an option in an uncontested divorce, because a court hasn’t made the final decision in this case.

Here at Ammon Nelson Law, we provide excellent divorce services to ensure the best possible outcome for your divorce, whether it is contested or uncontested. To learn more about the importance of an attorney during a contested divorce, contact us at Ammon Nelson Law today!

There are two major ways in which a marriage can be ended. Understanding each way will help you to make the ideal decision for your specific situation, as well as helps to familiarize yourself with the process. Many people are unaware of the differences between annulments and divorces. When it comes to an annulment vs divorce, understanding each different process helps to make the ideal decisions for your process. It is often incredibly beneficial to consult with an attorney whether you intend to seek an annulment or divorce to dissolve your marriage. Here are a few things to keep in mind regarding the differences between an annulment and divorce.

Divorce

A divorce is used to dissolve a legal marriage. When you obtain a divorce process, you are acknowledging that there is no question or debate that the initial marriage was legal and valid. There are multiple types of divorces that are used based on the differences in the situation. Divorce can be an incredibly complex process and it is often useful to obtain the services of an attorney to help you complete the process. An annulment and divorce alike can be incredibly difficult and emotion processes. An attorney can provide you with support and additional benefits throughout the divorce process. When you obtain the services of an experienced divorce attorney, you can be confident that the divorce process will be simplified as much as possible.  

No-Fault Divorce

When you decide on a no-fault divorce, you are essentially saying that neither side was at fault for the divorce. This means that no one is required to prove fault throughout the divorce process. Some common grounds for a no-fault divorce include a loss of affection, irreconcilable differences, or various other reasons. A no-fault divorce is often the way to achieve a more amiable separation from a spouse. Your divorce attorney can help to determine if a no-fault divorce process is the best for your specific situation, as they will know all of the various factors associated with your particular situation, as well as the laws in your particular state.

Fault-Based Divorce

During a fault-based divorce, one party is stating that the other party is responsible for the causes behind the divorce. This is often used in order to obtain custody or determine the distribution of property. However, in a fault-based divorce, the accusing party will be responsible for proving the guilt of the other party. Some of the reasons behind a fault-based divorce include adultery, domestic violence, drug abuse, abandonment, alcohol abuse, and many similar factors. A fault-based divorce can help to ensure that an abused spouse is able to obtain the protection that they need from the divorce. An attorney will be able to identify whether you should go with an annulment or divorce, as well as if you should consider a no-fault or fault-based divorce.

Annulment

The major difference between an annulment and divorce is that they are based on the legality of the initial marriage. A divorce acknowledges that the original marriage was valid and legal. However, an annulment is a process of dissolving a marriage that isn’t legal or valid. The annulment process contests the legality and validity of the marriage. Bigamy is one reason that an annulment might be obtained. This essentially means that one person was already legally married prior to the current marriage and never obtained a legal divorce, which renders the second marriage invalid. Other common reasons for annulments include one or both parties being minors, an incestuous partnership prohibited by the law, or if one party was forced into the marriage.

One incredibly common reason for an annulment is when one or both parties were of unsound mind, such as getting married while intoxicated at a Las Vegas chapel. The concealment of major issues may also allow an individual to obtain an annulment of their marriage. This may include things like lying about their identity or hiding drug or alcohol problems. Your divorce attorney will be able to identify if an annulment is a valid option for your specific situation.

Annulment and Divorce

When you need to dissolve your marriage, you may want to know the differences between an annulment and divorce. However, one process isn’t necessarily better than another process. Ultimately, the process that you will use will depend on the validity of the marriage. A divorce ends a marriage that is legally valid. An annulment is used when the marriage was not originally legal. Though each process will dissolve the marriage, the divorce still acknowledges that the marriage happened. An annulment treats the marriage as though it never existed in the first place. There are limited grounds for obtaining an annulment and religious reasons may cause an individual to seek an annulment.

It is important to keep in mind that children are often impacted the same way in either a divorce or an annulment. Determining custody of children will generally be determined by the court during either a divorce or an annulment. If there are children that have come from the marriage, it is highly recommended that you obtain the services of an experienced divorce attorney. This can go a long way toward providing the best possible outcome for your situation.

Consult with an Attorney

It can be incredibly complicated to determine the best way to have your marriage dissolved. In most situations, a divorce will be used to dissolve the marriage. Consulting with a professional divorce attorney will help to ensure that your process can be completed as efficiently and effectively as possible. An experienced divorce attorney will be proficient at explaining the differences between an annulment and divorce.

Our team at Ammon Nelson Law is capable of providing excellent services in a broad array of fields. When you obtain a divorce or annulment in order to dissolve your marriage, it is important to consult with an experienced attorney. To learn more about the differences between an annulment and divorce, or to obtain our divorce attorney services, contact our experts at Ammon Nelson Law today!

Going through a divorce is incredibly difficult. It is also often a very messy process. Emotions tend to run high throughout the divorce process, which can make it extremely complicated to look at the process with a clear mind. This often results in people making poor decisions that will impact their life for a long time. Obtaining the guidance of a divorce attorney can go a long way toward ensuring that you are able to make the best decisions throughout your divorce process. These services can help to protect your rights and ensure the best outcome for everyone involved in the divorce. Here are a few of the top benefits that you can obtain through the services of a divorce attorney.

Familiarity with the Law

Most people don’t go through a substantial amount of divorces throughout their life. Though they might feel like an expert after going through the process once, there are many factors that they may still be unaware of. Every divorce is unique and will likely require a slightly different process. A divorce attorney, however, is much more familiar with the divorce process, as well as the subtle differences in each situation. An attorney that is experienced in divorce law will have knowledge regarding laws that will apply to your specific situation. This can go a long way toward ensuring a better outcome for the divorce.

Expert Emotional Support

One of the things that separates divorce law from many other areas of law is the highly emotional state that both parties are likely in. Divorce tends to be a very difficult process and individuals often need a great deal of emotional support throughout their divorce. A divorce attorney has a significant amount of experience working with people going through a divorce. This allows them to provide superior guidance and emotional support throughout this difficult time in your life. They also tend to have expert recommendations for beneficial services, such as therapists that help those going through a divorce.

Protect your Rights

When it comes to family law, it is likely that you are unaware of your specific rights. Fathers, for example, may not know about their rights regarding custody. Wives may be unaware of their right to a fair settlement. Whatever your specific situation, working with a divorce attorney can help to ensure that your best interests are looked out for and that your rights are protected.

Fairer Settlement

Most individuals find that they are able to obtain a fairer settlement and custody order when they work with a divorce attorney. It can be difficult to come to an agreement with your soon-to-be ex, especially when there are feelings of anger toward each other. An attorney helps to provide effective mediation between parties to ensure the agreement is fairer all around, rather than made out of spite. When you don’t work with a divorce attorney, it is possible that you will be taken advantage of and will ultimately have an unfair agreement.  

Reduce Stress

In addition to the heightened emotional state, divorce processes involve many different factors and considerations. Working alongside an attorney that works in divorce law can go a long way toward minimizing the stress that you will experience. Throughout this, they will handle many of the processes, as well as help to provide you with guidance and support.

Ensure Process is Completed Properly

There are many different required processes that will be necessary in order to successfully obtain a divorce. These can be complex and difficult to understand. However, the last thing you want is for your divorce to not be finalized due to a mistake or incomplete filing. An experienced attorney will be able to ensure that everything is completed properly, which can prevent issues from arising.

Aid in the Negotiation Process

Many people are uncomfortable with the thought of negotiating. Not only do many people not like the process, but they may not even know where to begin with negotiation. A divorce attorney knows the intricacies of negotiation and mediation, which can help to provide the best outcome.

Handle the Paperwork

Along with many other legal processes, there is a lot of paperwork that is involved with filing for divorce. The sheer amount of paperwork can make it incredibly easy to make mistakes. It also takes a lot of time to fill out all of this paperwork. An effective divorce attorney is able to handle much of the paperwork for you, which can both ensure that it is completed correctly and simplify the process.

Offer Objective Advice

When it comes to your divorce, many of the people that you turn to for advice will be emotionally involved in the situation. High emotions can make it incredibly difficult to look at the big picture. Unfortunately, a close look at the big picture is necessary in order to make the best decisions throughout the process. When you work with an experienced divorce attorney, they will be objective and removed from the situation. They can help to provide the emotion-free perspective that you may otherwise have difficulty obtaining.

Provide Additional Options

There are many options and factors that can impact the outcome of a divorce. Divorce is ultimately a compromise between both parties. It is not a win or lose situation. An experienced divorce attorney will be aware of the many different options that are available to you. This can help to provide the best possible outcome for your specific situation.

Here at Ammon Nelson Law, we are aware of how incredibly difficult it can be to go through the divorce process. Not only is the process complicated, but it is also extremely emotional. We strive to provide you with the divorce law services that you need in order to provide the best outcome for your divorce. Our services can also go a long way toward making the process easier and protecting your rights. To learn more about how a divorce attorney can obtain the best outcome for the finalizing of your divorce, contact our expert team at Ammon Nelson Law today!