Spouses going through a divorce often wonder, “Can I change my uncontested divorce to contested divorce?”
Every contested and uncontested divorce doesn’t need to be World War III. At times, spouses going through a divorce can agree on all uncontested and contested divorce terms. When this happens, an uncontested divorce is present. Accordingly, the couple can complete the uncontested and contested divorce process without the stress and expense of litigation.
Unfortunately, at times, an uncontested divorce transforms into a contested divorce. Usually, disagreements cause uncontested divorces to unravel. For instance, the couple may disagree regarding any legal issue needed to complete the divorce.
Financially, a couple may disagree about spousal support, dividing property/debt, or how a home will be divided. When children are involved, parents may disagree about visitation, or child support. In either situation, the uncontested divorce turns into a contested divorce.
Yes. At any time, an uncontested divorce can change to a contested divorce.
All uncontested and contested divorces are created differently. Like life, contested divorce has many peaks and valleys. Almost universally, contested divorce is an emotional process. Additionally, marital separation often is more of a marathon than a sprint. Accordingly, emotions often bounce between highs and lows during the divorce process.
The highs and lows of marital separation means that many separation may begin on good terms. During the process something happens or changes. After this point, the amicable divorce may crash into arguments and contention.
For endless reasons, a divorce can begin as uncontested – unravel – ending with a contested divorce.
Yes. At any time, a contested divorce can become an uncontested divorce.
On the sunny side, sometimes marital separation begin contentious and end amicably. In some cases, one side files and serves divorce papers. Somewhere along the line, the couple reaches a full marital settlement agreement. When this happens, the couple can file the necessary divorce papers that completes the marital separation.
In other words, a divorce that begins contested doesn’t always end contested. Not all marital separation end in trial. In fact, most contested divorces can and should be resolved with a divorce settlement facilitation.
Most contested divorces become uncontested divorce because the couple no longer disagrees on a legal issue. Possibly, the couple initially disagreed on custody or visitation. In other cases, the spouses possibly disagreed on spousal support, or financial issues. Regardless of the individual disagreement, the couple then resolves the disagreement.
Sometimes the parties communicate and resolve the issues. In other situations, attorneys may communicate and reach an agreement. Finally, the disagreements can be resolved through marital settlement facilitation/mediation.
Whether you should file an uncontested or contested case depends on your unique marriage and situation. For example, couples that have a complete agreement should file an uncontested divorce. In doing so, the couple can save financial resources through a civil process.
In the middle, sometimes a couple is close to an agreement. Nevertheless, the couple may disagree on a key issue such as alimony. In this situation, the couple may be best served by filing a contested divorce, serving the separations and divorce papers, and then attempting to resolve the issues amicably.
On the contentious side, at times, separations and divorce can be painful. Sometimes too much pain has been inflicted and a civil process isn’t possible. In other situations, the couple is too far apart for an uncontested divorce to be a realistic option. Nevertheless, even highly contentious separations and divorce usually are resolved through settlement facilitation.
Separations and divorce trial is usually the exception – not the norm. Most contested divorces are resolved through settlement facilitation, and a trial is unnecessary. In fact, most judges openly warn couples that they are better served by resolving their case outside of court.
No. At any time, a contested divorce can be resolved. In other words, filing a contested divorce doesn’t mean that you must face your spouse in trial. In fact, judge often encourage couples to resolve their divorce differences outside of court. This resolution often comes through a divorce settlement facilitation/mediation.
Additionally, couples must complete mediation before a trial is set. Judges openly believe that most couples are best served by resolving their disputes outside of court. Therefore, judges require parties to complete mediation before stepping into court for a separations and divorce trial.
Judges want separations and divorce to settle outside of court. Less divorce trials equals more time for judges to handle over-flowing dockets. Also, resolutions mean less appeals, unnecessary motions, or bitter emotions.
When children are involved, resolutions lead to co-parenting and healthier relationships. For many reasons, judges want uncontested and contested divorce and child custody cases to settle outside of court.
Are you going through a contested and uncontested divorce and wonder, “Can I change my uncontested divorce to contested divorce?” If so, a trusted and tested divorce attorney. For over a decade, Matthew Legan Sanchez has handled contested divorce and uncontested divorce all across New Mexico. Speak with the best divorce attorney today. Speak with (505) SANCHEZ.
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