Divorce is upon you and you are unaware the intricacies of the divorce process. You may be unaware of the differences between an uncontested versus a contested divorce and you may quite possibly be unacquainted with the roles that you and your spouse, or attorneys and judges will play as your divorce progresses. Our helpful divorce guide is a good resource that outlines a lot of the normative procedures and processes that go into a divorce, but listed below are explanations of those two types of divorces as well as what role that each of the parties involved will play.

Uncontested vs. Contested Divorce and the Roles that will be Played

In an uncontested divorce, one where you and your spouse are able to come to an agreement based on the terms and conditions of the division of community property and support, you will still have to go through the divorce process. Even though this is the case, with an uncontested divorce, you will find that your dissolution will progress much smoother and at a more rapid pace. This process simply involves you and your spouse sitting down with attorneys to break down all of the information regarding your case, followed by your attorneys writing up a Settlement Agreement based on the information you both provided. Your Settlement Agreement will then be reviewed by a judge, who will first decide if the terms are satisfactory and if they are deemed so, a Judgment for Divorce will be instituted.

The process tends to be a bit more involved in a contested divorce. If after the petition has been served, there are issues that simply cannot be agreed upon, you are going to need to go to trial to settle these disputes. To ensure that immediate responsibilities such as custody, deciding who gets to stay in the home, or how support will be handled in order to pay the marital bills, the judge may institute a temporary order to determine these issues. After these temporary orders are in place, a thorough discovery process will begin in an effort to find out the facts about the issues you do not agree upon. Your case will then go to trial where each of your attorneys will present evidence on your behalf before a judge. The judge will then listen to both sides of evidence and make a final decision on matters that you and your spouse could not come to terms on.

Get the Best Help Possible with Bohm Wildish

In both situations, uncontested or contested divorce, you will need the best California Divorce Attorney possible to help you get the results that you desire. Call Bohm Wildish at 1-877-615-6620 to set up a consultation with one of their experienced attorneys and get the best advice pertaining to your case.