Contested vs. Uncontested Divorce
- Uncontested Divorce: In this scenario, both spouses agree to legally dissolve their marriage. The court’s role is minimal—it primarily issues an order covering the terms both parties have already settled on. As a result, uncontested divorces are usually quicker and more affordable.
- Contested Divorce: This arises when spouses cannot agree on dissolving their marriage, leading the court to step in and help them reach a settlement. As part of this process, spouses must participate in non-binding mediation, where a neutral third party encourages productive communication. If successful, it can bring the case to a close.
Fault vs. No-Fault Divorce
- At-Fault Divorce: One spouse accuses the other of violations like adultery, abuse, or abandonment that go against their marital agreement. Not all states recognize at-fault divorces.
- No-Fault Divorce: Both parties acknowledge irreconcilable differences without assigning blame.
Key Elements of the Divorce Process
When a Philadelphia court finalizes a divorce, it also decides issues such as child custody, visitation, child support, spousal support (alimony), and property division. Property division can be straightforward or quite complicated, often causing disputes if both parties cannot agree on terms.
Role of a Divorce Lawyer
Hiring an experienced divorce attorney can significantly reduce the stress of filing and help you make informed decisions. If both spouses opt for alternative dispute resolution (ADR), such as mediation or arbitration, consulting a skilled mediation lawyer might be ideal.
Many Philadelphia divorce lawyers are recognized as family law specialists, particularly for handling child custody matters. To earn this designation, attorneys must meet certain standards. Whether you’ve decided to end your marriage or have received a divorce petition from your spouse, it’s crucial to consult a local divorce attorney who will explain all the related issues and possible strategies.
Choosing the Right Attorney
Even if you’re able to reach an agreement on your own, it’s important to seek legal guidance. Select an attorney with a proven record of handling divorce cases to ensure they can address any complications. Most importantly, find someone who will stand by you throughout the process and help you make the best possible decisions concerning your divorce.
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