Contested Verses Uncontested Divorce in San Jose

Divorce can be a very emotional thing for most people but it can typically go much smoother if the parties agree on terms. The first part of the agreement has to be agreeing to the divorce by both parties. Believe it or not some spouses are not agreeable to the divorce even though eventually a judge is bound to grant the divorce after all is said and done, and the all part can be a lot. None the less sometimes a spouse is unwilling to let go either emotionally and sometimes it is in spite.

Working out the details

The things we see get kicked back when filing an uncontested divorce usually have to do with property issues. We like to see clients who come to us not only in agreement to the divorce itself, but in agreement on the property details. If a couple is able to either sit down together or sit down with a mediator and work out the property issues, this will allow us to prepare the paperwork based on those decisions and will give a much higher chance of approval by a judge to grant the divorce, because these issues have been addressed. Some spouses chose to omit certain things in their paperwork. If a property issue is just left out it can delay a judge granting the divorce.

When does it become a contested issue?

If a spouse disputes any terms of the divorce as requested by the other spouse, then it becomes a contested divorce. If the spouses do not agree on things, the court may step in to divide assets or determine child support or custody and/or spousal support. An uncontested divorce will typically proceed through the system quicker and have fewer complications than a contested divorce.

It makes more sense to agree

When all is said and done, it is always better for the parties to agree to terms on their own, or again with the help of a mediator. This will save the parties time, energy and money. A legal document service is a great service to use if parties have agreed to terms and this will certainly save the parties money and emotional drama which can be associated with hiring an attorney, and in the long run isn’t that what everyone strives for. If you live in San Jose or Northern California and need a legal document service for your family law issue, then be sure to do your research. There are plenty of services out there but only a handful of services that specialize in family law document preparation in San Jose.

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