CONTESTED VS. UNCONTESTED DIVORCE: Divorce in Maryland can be contested and uncontested.
Uncontested divorce is usually based on mutual and voluntary separation of one year. Further, it occurs when both spouses agree to all of the terms of the divorce without the court making a final decision on how to resolve divorce issues. The spouses will need to enter into a divorce settlement agreement, containing the terms of their agreements on every issue. These agreements are generally prepared by an attorney. Thus, if both spouses agree to all of the issues, their divorce is uncontested.
Additionally, both spouses attorney will prepare and file written documents with the court outlining the nature of the divorce settlement, and once approved by the court, these pre-negotiated divorce settlement terms will become court orders.
If either of the spouses fail to follow the order, they may be subject to contempt proceedings. In this case, a judge may impose fines or even jail time for the violation of the order.
In contrast, contested divorce is usually adversarial. In this case both parties cannot agree upon all or even one issue. The most common divorce issues are child custody and payments for child support, division of property, division of debts, and alimony payments.
These types of cases are litigated. This entails going before a judge and having a trial on the issue or issues that they are unable to resolve. It is highly recommended for both parties to employ an attorney to represent them in pre-trial investigation, witness preparation, and the preparation of any pre-trial motions. In a contested divorce it is important to attain attorney represent because he or she will have your interest through all the stages.
Divorce is a painful and difficult process to go through especially without the right representation. The Burton Firm divorce lawyer Forestville are experienced and understand the big picture. We protect our clients rights and fight for the best possible outcome. Take advantage of our fee consultation policy, call us today.
We will evaluate you case, answer your questions and concerns, and advise you of actions necessary to take in order to get desired results.