Divorce is not a conversation you want to have with your divorce lawyer in Delhi– it’s an emotional and, oftentimes, stressful process. In this article, we’re going to take a look at two different types of divorces that are often confused for each other – uncontested divorce and disputed divorce.
Uncontested Divorce And Disputed Divorce Are Two Different Types Of Divorces
If a couple is going through a divorce, they can sit down and speak about items like property, assets, custody of children, and money. To avoid resentment and court battles over their individual rights, the couple can agree to part ways this way. This saves them money, time, and effort. Under the heading of uncontested divorce, this form of agreement is reached between the parties.
However, this is not always the case, and divorce can be painful. A poor situation arises when a couple cannot agree on how to divide their rights. It’s as though the pair can’t stand each other anymore and decides to take their dispute to court to be resolved. This is a long, arduous, and expensive procedure. This procedure might also drain your emotional and mental resources.
An uncontested divorce occurs when a couple is unable to resolve their disputes amicably and turns to the courts to do so.
Do Contentious Divorces Include Any Additional Steps?
Divorce proceedings can drag on for months or even years if the parties are battling it out in court.
In the event of a contested divorce, you must follow the measures listed below.
Initiating A Legal Action
The petition must be filed by one of the parties and sent to the other. A petition for divorce can then be filed in court after receiving a response from the other spouse
Discovery
There will be a lot riding on the testimony of both spouses in order to prove or disprove various aspects of the case. Depositions and other evidence can be gathered by contacting witnesses and acquiring documents.
Negotiations
Both spouses’ attorneys can explore settlement proposals if they have a clear understanding of each other’s goals. Settlements are the preferred method of resolving a disputed divorce since it saves both time and money.
Trial
Each spouse will testify, cross-examine, and answer all of the questions posed by the other side’s attorneys during the trial.
Decision
After hearing all the facts, the judge and the court will decide who gets what. Stuff like that.
1. Assets
2. Properties
3. Investments
4. Alimony
5. The child’s custody
Appeal
You can seek an appeal if you are dissatisfied with a lower court’s decision.
Which Is Easier To Do?
As a general rule, uncontested divorces are less time-consuming than those that are disputed. Moderate mediation may be necessary to iron out the kinks in the divorce settlement because the parties are already in agreement on the most important aspects.
The Following Will Be Included:
Sectional Title to Real Estate
At the same time, spousal support
Allocation of Debt
Parenting Strategy (Custody Agreement)
Most people can save time, money, and pain by going through the process of divorce without having to go to court — at least until a judge approves the settlement and signs the decree.
