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Contested vs. Uncontested Divorce

Posted by Ahluwalia Law Professional Corporation | May 06, 2013 | 0 Comments

While the term “contested divorce” may sound like it means that one spouse if fighting the divorce itself, and that used to be possible, but today, in California, you cannot be denied a divorce or block a divorce if your spouse has requested one. To contest a divorce simply means that you contest one or more of the terms that your spouse has proposed. San Jose divorce attorney Madan Ahluwalia can help you with contested divorce and can advise you of the ways to try to reach an agreement with your spouse when appropriate.

What is a Contested Divorce?

In a contested divorce, spouses do not agree on the terms of the divorce. Contested divorce can become a lengthy and expensive court battle. A divorce lawyer can help you protect your interests in a San Jose contested divorce. A contested divorce will go to mediation, and if the spouses cannot reach an agreement, it will go to trial where the court will decide the terms of the divorce for them. This includes issues such as property division, child custody, and spousal and child support.

What is Uncontested Divorce?

In an uncontested divorce, spouses come to an agreement outside of court. It is a much simpler process than contested divorce, but it is a good idea to have a divorce attorney to advise you during the uncontested divorce process. In an uncontested divorce, the court still has to sign off on the final agreement and make your divorce official, but it does not make decisions for you and your spouse.

To learn more about divorce, in California, please call San Jose divorce attorney Madan Ahluwalia of Ahluwalia Law P.C. (408) 416-3149 or contact us online today.

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