Two Types of Divorce

by Jesse McComb

Are you getting divorced?

If so, it's important to know that divorces can proceed differently. Some proceed quickly while others can go on for a long time. Before I go on, it's important to talk to a <a href="http://www.bcfamilylawlawyer.com/">family lawyer</a> if you have a family law matter.

Each divorce proceeds differently if contested. Sometimes they start uncontested and become a contested divorce and vice versa.

An uncontested divorce is when the parties (that's you and your spouse) agree on ALL the terms of your divorce. In this case no issues are in dispute.

When your spouse and you don't agree on all the terms, you have a contested divorce situation. However, don't compromise simply to end up with an uncontested divorce. Talk to a lawyer first before signing anything.

Is there any real difference in the long run whether a divorce is contested or uncontested?

Yes, it does matter because there is a huge difference in how your divorce will proceed.

If you and your partner agree on all the terms, then you can do what is called a desk order divorce. A desk order divorce is simply filing the necessary paperwork for a divorce with the Court and waiting the specified duration, which is 1 year in BC from the date of living separate and apart. Although you can't get your divorce order until you've lived separate and apart for 1 year, you can file all the necessary paperwork before-hand.

In a contested divorce situation, which is when there isn't full agreement on all the terms, the steps involved increase and can include negotiations, mediation and even trial.

The key disadvantage to a contested divorce is the legal costs. Legal fees add up quickly; however, they may be incurred wisely to protect your rights and obligations.

From contested to uncontested

Many contested divorce situations change to uncontested through negotiation and/or mediation and don't <a href="http://bclawblogger.blogspot.com/2012/01/will-my-divorce-go-to-trial-if-i-hire.html">go to trial</a>. This usually involves lawyers who are able to resolve the matter. Sometimes the legal advice helps parties change their position to result in an uncontested divorce process.

This is important because just because you hire a lawyer doesn't automatically mean your matter will go the distance to a trial. There are many steps along the way during which may result in resolution.

Do you need a lawyer if your divorce is uncontested?

It's a good idea to at the very least consult a lawyer to review the terms to which you've agreed. Many divorce lawyers will meet with you for a consultation to review any agreement you've entered into. Such review can be helpful and provide you peace of mind about the terms to which you've agreed. It helps to get professional legal advice before signing anything pertaining to your divorce ... even if it's only for a consultation.

<a href="http://www.bcfamilylawlawyer.com/do-i-have-to-sign-a-separation-agreement">Click here</a> to find out about signing a BC separation agreement and <a href="http://www.bcfamilylawlawyer.com">click here</a> to learn about hiring a BC family lawyer.

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