Pennsylvania Contested and Uncontested Divorce
Contact a Montgomery County Divorce Lawyer for Assistance
In the state of Pennsylvania, couples may opt for two very different avenues when it comes to divorce proceedings - contested or uncontested divorce. The Law Offices of Sheryl R. Rentz is able to provide superior counsel and representation for couples and individuals in either case. In the event of a civil and balanced uncontested divorce, Ms. Rentz and her team can help expedite the process through the courts and finalize all appropriate agreements between parties. However, should the divorce become contested and need a judge's ruling, Ms. Rentz has assisted many individuals secure the fair and equitable compensation they seek.
To schedule an initial consultation or to speak with a Montgomery County divorce attorney about your current or impending divorce, contact the Law Offices of Sheryl R. Rentz at (610) 645-0100. You can also submit your questions via our online form and a representative will get back to you shortly.
What is a Contested Divorce?
Legally, a contested divorce involves a couple who has to go to court to work out a divorce agreement. Contested divorces usually, but not always, involve a high level of stressful conflict among the separating couple. In a contested divorce, the couple settles their case in court. At a divorce trial, either member of the separating couple may have to testify to support their claims. The judge than makes a final judgment after analyzing facts of the divorce case, including trial testimony and other relevant marital records.
In contested divorce, each side of the couple splitting up will have to find legal representation from a dedicated Montgomery County family law attorney. Each will have to pay for legal fees for the litigation of attorneys working out an agreement both parties agree to. Legal fees can also add up if either party decides to appeal any decision made by a judge in your divorce case.
What is an Uncontested Divorce?
In an uncontested divorce, the couple ending their relationship is able to put aside their differences to end their marriage efficiently. While not as difficult to endure as a contested divorce, an uncontested divorce doesn’t just mean that the couple splitting up is still friendly to each other. However, an uncontested divorce does mean that the couple will save money by not fighting it out in divorce court. The shorter the divorce case is, the less of a financial burden of high attorney fees the couple will face.
Couples who decide to proceed with an uncontested divorce may also be able to create their own marital settlement agreement. This agreement will allow the couple to decide among themselves how to equitably split up their assets and debts. In a marital settlement agreement, the couple doesn’t have a judge tell them how to divide assets and debts.
Contested vs. Uncontested - The Real Difference
On paper, the differences between contested and uncontested divorce seem fairly straight forward. But the decision to pursue one or the other is not necessarily always within a couple's control. If the split is a bitter, rivaled dispute - odds are there will be substantial contention on deciding how the entire divorce should proceed and thus the need for a court's wisdom. On the other hand, if the couple's state of mind is amicable and both see the need for the split, they will more than likely be able to peaceably find a solution.
So, in the end, the real difference lies in who is making the decisions - the couple going through the divorce or a court appointed judge? This is a very important distinction and one that you should consider if you are currently involved in or heading into a divorce.
What Are the Advantages and Disadvantages in Pennsylvania?
In both instances, whether contested or uncontested, either party has opportunities to secure the property, custody rights and financial future they desire. It comes down to the particulars of your situation and the specifics of your relationship. In the case of an uncontested divorce, couples can avoid the sometimes high cost of a long and drawn out divorce through mediation and a quick settlement. The division of assets and overall terms of the agreement can be dealt with in less than a day, if prepared correctly.
On the other hand, contested divorce often becomes necessary when child custody is a factor. Because the decision to split is already an emotional one, the presence of children in a couple's divorce can quickly cloud judgment and impair any quick settlement discussions. Again, it very much comes down to the grounds in which the divorce is being established, as well as the couple's individual needs and their family's requirements. In either case, it is wise to retain the counsel of an experienced and compassionate family law attorney.
Lawyer Representing Your Needs in Montgomery County
If you are considering filing for divorce or have already begun the process, don't wait another moment. Contact a Montgomery County contested and uncontested divorce lawyer at the Law Offices of Sheryl R. Rentz at (610) 645-0100 to review your current situation and discuss your immediate and long term legal plan.
Additional Information
- The Difference Between Contested and Uncontested Divorce
- Reduced Waiting Period for Divorce without Consent Becomes Law December 3, 2016
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