When a divorce is uncontested, spouses have the ability to solve their marital issues during mediation sessions. This will encourage them to cooperate with one another while working with a third party that serves as a mediator. This mediator is neutral during these sessions. They also do not make decisions for the couple, but rather the couple is supposed to reach compromises together. For contested divorces, they cannot be done through mediation since couples are not able to cooperate with one another to resolve their issues. If spouses are unable to work with one another in mediation sessions, a contested divorce will be needed to decide on their marital issues. A contested divorce can cause the divorce to enter litigation where a judge will preside over the case. Since they are not able to decide on marital issues for their family, a judge will have to mandate decisions for them. This includes marital issues, such as child custody, alimony, child support and the division of assets. When considering these issues in litigation, there are many factors that go into a judge’s decision. The judge will consider both sides of the case. This can include all aspects relating to each spouse. For cases that involve children, a judge will always try to do what is best for the child.
Can a divorce originally be uncontested then change to contested?
Divorce cases may either be uncontested or contested depending on what fault ground was claimed. Each divorce process involves a different procedure that is used to solve issues. Once each process is completed, a final decision of divorce will be in effect to finalize the divorce of the couple. When spouses file the paperwork for a divorce, they will claim a fault or no-fault ground that can determine whether the divorce is contested or uncontested. When no-fault is claimed as a ground, the divorce may remain uncontested, which can lead to mediation where the couple works together. This process may involve divorce mediation where couples can meet with a mediator to make decisions on marital issues. However, if they are unable to cooperate with one another, they may have to end mediation sessions. If they end mediation, they may have to contest their divorce. This can cause them to enter into litigation to have a judge resolve their marital issues for them.
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