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Divorce by Mutual Consent

What Does Contested Divorce Mean?

A contested divorce is that the most complex of divorces because it involves spouses who can’t agree on one or more divorce-related issues in their case.

Contested Versus Uncontested Divorce

Typically, there are two sorts of divorces. the primary is an “uncontested” divorce—which is where both spouses agree on all issues concerning the divorce, including but not limited to the division of marital property and debts, child custody, child support, and spousal support (“alimony”).

The second—a “contested” divorce—is where the spouses can’t agree on their divorce issues, and that they find yourself in court, asking a judge to form these decisions for them. Whether it’s one or all issues, if you disagree on anything, the court considers your divorce “contested.”

Perhaps the foremost significant difference between an uncontested and a contested divorce is that the legal process’s cost and time. Although it always costs an equivalent to file either sort of divorce, spouses browsing a contested divorce are more likely to spend money on attorney’s fees and witness fees (such as financial consultants or appraisers) than a few that agrees on most divorce-related issues.

In many nations , the law requires judges to attend a particular amount of your time before finalizing a divorce. Although the waiting period is typically an equivalent for both contested and uncontested divorces, divorcing spouses involved during a contested divorce will often see the waiting period come and go before the court decides all the divorce-related issues. As a result, an uncontested divorce isn’t only cheaper but will take significantly less time to finalize than a contested case.



Uncontested Divorce

An uncontested divorce means both spouses agree on all of their divorce-related issues. Each state has specific legal requirements that spouses must meet before they will proceed with an uncontested divorce. you’ll want to consult an area attorney or check your local courthouse website for specific requirements.

Even though you’ve got to satisfy certain requirements, an uncontested divorce is usually much easier than a contested divorce because spouses can end their marriage without constant negotiations, legal posturing, and court hearings. Thus, an uncontested divorce usually involves less stress and fewer legal fees. The uncontested divorce process also tends to preserve a relationship between the spouses, which is particularly important if they need children.

However, divorcing spouses must be ready to work together toward mutually agreeable resolutions so as to resolve all of their divorce issues. Although working together with your soon-to-be-ex to settle important financial and child-related issues could seem difficult, it’s a method to finish your marriage without a full-blown court battle.

However, divorcing spouses must be ready to work together toward mutually agreeable resolutions so as to resolve all of their divorce issues.

If your goal is to proceed with an uncontested divorce, but you’re having trouble communicating together with your ex, you’ll participate in mediation to resolve your issues. Mediation may be a voluntary process (in most states) where a neutral third-party facilitates a conversation between the spouses within the hopes of reaching an agreement on outstanding divorce issues.

If the spouses agree, the mediator will draft an agreement to present to the court, and therefore the judge will sign it into the divorce order. If either spouse disagrees with a contested issue, the mediator will send them back to the judge for resolution.

Contested Divorce

A contested divorce is simply what it sounds like: one or both spouses contest (dispute) some aspect of their divorce. Therefore, the divorce proceedings take for much longer to finish and typically involve greater stress and increased legal fees.

With a contested divorce, spouses will need to undergo numerous steps before the divorce is finalized, including:

prepare, file, and serve (deliver) the divorce petition (legal paperwork posing for the divorce and stating the grounds for the breakdown of the marriage)

respond to the petition

interview and hire an attorney

engage in “divorce discovery” – the knowledge gathering process, which involves various legal procedures to urge information from your spouse and third-party witnesses (e.g., written questions, subpoenas, and depositions)

pre-trial legal motions and hearings

settlement proposals and negotiations between attorneys

if settlement fails, steel oneself against trial

complete a court trial, and

file an appeal, if you dispute the trial judge’s decision(s).


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Frequently Asked Questions

What are the numerous benefits of a mutual consent divorce?
  1. A mutual consent divorce removes unnecessary disputes thereby saving plenty of time as well as money for both the spouses.
  1. In addition, decisions pertaining to child custody, maintenance as well as property rights can easily be agreed upon mutually even before the marriage is dissolved.
  1. In a mutual consent divorce, the court simply confirms and legalizes whatever is mutually agreed upon by the couple.
Where can a couple file for a mutual consent divorce?

The couple can file for a mutual divorce in the Family Court of the city where the couple resided together for the last time, i.e. their matrimonial home or where the marriage was solemnized or where the wife is currently residing.

Are divorce laws different for different religions in India?

Yes, just like the marriage laws, divorce laws are also different for different religions in India. For instance,

  • Divorce laws for Hindus including Sikhs, Jains and Buddhists are provided under the Hindu Marriage Act, 1955.
  • Divorce laws for Christians are governed under the Indian Divorce Act, 1869.
  • Divorce laws for Muslims are governed under their personal laws of Divorce and Dissolution of Marriage Act, 1939 and the Muslim Women (Protection of Rights on Divorce) Act, 1986.
  • Divorce laws for all the inter-religion marriages are governed under a secular law i.e. the Special Marriage Act, 1954.

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