Divorce: Contested and Uncontested

Filing for Divorce is a serious decision. You may be worried about your spouse’s reaction. You may be worried about finances. You may not understand the process.

It is essential to have an experienced and skilled lawyer by your side when you start the Divorce process. The outcome of your case will affect your property, your debts, and your income for many years.

Your lawyer at Malarcik Pierce Munyer Will will be on your side, to make sure you get the best possible result. We guide you through the process so that you understand exactly what is happening. When it is over, you can move on, knowing all of the issues have been resolved.

What is the Difference Between Contested and Uncontested Divorce?

In all Divorce cases, one spouse files a Complaint for Divorce, stating “grounds” or a legal reason, for divorce. In a contested Divorce, the other spouse answers with his or her own “grounds.” In an uncontested Divorce, either the other spouse accepts the grounds in the Complaint, or does not file an answer at all.

In a contested Divorce, there are disagreements about how things should be decided. Often there will be temporary orders for support while the case is pending. Sometimes there are restraining orders. The court will set a schedule for the exchange of financial information and there will be regular meetings at court to check on the progress.

In an uncontested Divorce, the court can grant the divorce and decide the issues based only on the information provided by one spouse, if the other spouse never appears or agrees with the information provided.

Most Divorce cases, even contested, settle before trial, based on the negotiations between the spouses and their lawyers. If they do not, then the lawyers will present evidence to the court and a judge will decide each issue.

The court will divide assets and debts, possibly award spousal support and the payment of attorney fees, and allocate the court costs.

When there are children, the court will allocate parental rights and responsibilities.

If you and your spouse can reach agreement on these issues with the help of your lawyers before filing for Divorce, then Dissolution of Marriage may be a better option for you.

When you have been married only a short time, have no children, and no assets, an uncontested Divorce is a good option.

Why Do I Need an Experienced Family Law Attorney?

The Divorce process can be very emotional, even when both spouses want the marriage to be over. Dividing assets, especially retirement accounts, can be very complex. There are tax issues you must be aware of as you work out an agreement. You will get the best result if you have a knowledgeable lawyer by your side.

At Malarcik Pierce Munyer Will, we take the time to counsel each of our clients about the issues, the process, and the possible outcomes. We can be as aggressive as necessary to protect your interests. We put our years of experience and knowledge to work for you.

Call the Family Law Attorneys at Malarcik Pierce Munyer Will Today

Divorce is a life-changing event. It will affect your future, both financially and emotionally. The process will move more quickly and smoothly when you have a skilled lawyer working for you.

Call us today: (330) 253-0785.

Our offices are located in downtown Akron, at 54 East Mill Street Suite 400. We serve clients in courts throughout Northeast Ohio, including Cleveland, Akron, Canton, Youngstown, and the surrounding areas.