Contested Divorce

Ogden Attorney | Family Law Issues

In the family law arena there are two very important terms when it comes to divorce that may seem obvious but don’t always mean what some people assume they do. These terms are contested and uncontested. A contested divorce means that there is a contest, but it doesn’t mean that one party wants the divorce and the other doesn’t, and it doesn’t necessarily mean that the parties are fighting or being vindictive. Instead it means that the parties aren’t in agreement over every aspect of the divorce. So for example a divorce would be considered contested if the parties don’t agree as to who should be awarded child custody, even thought the parties may still be amicable to each other and actually agree that they should get divorced.

How Do You Know If Your Divorce is Contested?

One way to know if your divorce is going to be contested is to ask yourself if your spouse would agree to everything that you want out of the divorce? If so then you simply need to have an attorney draft the paperwork, get your spouse to sign a stipulation and settlement agreement and then file everything. Another way of knowing whether or not your divorce is contested involves the procedural process of a divorce. To start your divorce you must file a petition with the court stating all the things you want out of the divorce. After that you must give a copy of the petition along with a summons to your spouse and then they have 20 days to respond and file an answer with the court. Once your spouse files the answer then your case is most likely going to be contested. However, even though your divorce is contested doesn’t mean that you have to have it decided by a judge, you can still reach a settlement with your spouse through mediation or otherwise.

Northern Utah Divorce Attorney | Contested Divorce

If you live in Northern Utah, whether it be in Davis, Weber, or Cache County and you are looking into the possibility of a divorce then call Ogden Divorce Law today. We can help answer your questions and give you an idea of what the process is going to take and what your options are. Call or email us today to find out more.

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