Divorce Guide

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Two Divorce Cases

Two divorce cases literally mean two types of divorce cases. There are two types of divorces that are generally contested. One is the contested divorce and the other is uncontested divorce. Both divorces have different rules and regulations as both the divorces are fought in a different manner. Both divorces have their pros and cons respectively. The points related to both the divorces are discussed below.

Contested divorce

Most divorces should be contested divorces. These divorces require a stronger use of the court system. Ultimately, itís the judge who would determine the proper outcome of the case. Obviously, the cost associated with the court system, including the lawyerís fees, and bills are the disadvantages of a contested divorce. However, if there is violence in a relationship then a contested divorce is the appropriate solution.

In high stakes divorce where one or both the parties act unreasonably and are unwilling to properly negotiate to achieve a fair outcome, a contested divorce is the only option available. Lastly, if children are involved, and issues such as child support and time sharing arise, then a contested divorce is the best possible way to go ahead.

Uncontested Divorce

The second of the two divorce cases is the uncontested one. Uncontested divorce is by far the most inexpensive divorce to contest. It is also by far the least time consuming way of divorce. The divorce is said to be uncontested when both the parties involved, agree or nearly agree on all the major issues in the case, and are willing to work out the remaining agreements through negotiation.

One of the major advantages of an uncontested divorce is its cost. By going forward with an uncontested divorce, one would spend less on attorneyís fees, court costs, and other fees. This also allows a quicker, less painful divorce and ultimately gets one on the path of his/her new life.

However, always itís not a good idea to go for an uncontested divorce. In fact, itís a bad thought when one of the spouses is greedy and unwilling to reach a fair agreement. Itís not a good idea as well when; one or both the spouses are so hurt by the end of their relationship that they are unwilling or unable to negotiate. Finally, if there is domestic violence in a relationship, then an uncontested divorce is certainly not the way to go.

Regulations in divorce cases

The uniform Marriage and Divorce act has been adopted by many states. However, even under the Act each state has its own rules and regulations regarding the divorce. For e.g. in most states the divorce paperwork needs to be filed in the state where the petitioner (one who files the case) lives, and not in the state where he/she were married. Getting a divorce from the other locality other than oneís legal residence nullifies the proceedings. This could cause major legal complications for those who plan to remarry.

The two divorce cases are different from each other in many ways and people seeking divorce in the near future could decide the best possible option for themselves depending upon their situation.

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