Why is litigation needed to decide on divorces?
Litigation can be time-consuming for some cases. These cases may be complex in nature and involve many factors that need to be resolved. For divorce cases, there can be factors that contribute to the complexity of a case. Uncontested divorces can be less complex. Couples may be able to avoid litigation. They may attend mediation instead of going through litigation. This can encourage them to cooperate so that they can decide on issues together for their divorce. These issues can involve child custody arrangements, child support, the division of assets and alimony. For these issues, many factors need to be considered before a decision is made. In litigation, a judge is the one who hears a case and makes decision for it. The judge acts on behalf of the couple when they are unable to make decisions by cooperating with one another.
Can a divorce originally be uncontested then change to contested?
Divorce cases may be uncontested or contested. This depends on what fault ground was claimed for the case. Each divorce process involves a different procedure that is used to solve issues for the couple that can give them a divorce as a final result. 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 in the divorce paperwork, the divorce may remain uncontested, which can lead to mediation where the couple is supposed to together to resolve issues before divorce is finalized. 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, which can become difficult for some couples. They may be unhappy with the results since they are not involved in the decision-making.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.