Bay Area Family Law

Wednesday, April 11, 2007

Uncontested Divorce - When it’s a bad idea

Though uncontested divorce is a smoother, less stressful and less expensive process, still it may not always be the best option to look at. Divorce cases involving complex and unique issues such as spouse holding joint title to real property or if your children have unusual parenting needs are difficult to solve through uncontested divorce process. If the divorce cases involve many complex issues, the uncontested divorce will be too simplistic an approach to choose.

Uncontested divorce is a bad idea when there is ongoing domestic violence in the family and the victim cannot negotiate with the perpetrator in this case, he or she needs representation of a professional attorney to seek justice.

When the other spouse is not ready for a meaningful discussion with you and the parties are not able to talk to each other, uncontested divorce is a bad idea. If you think that your spouse will come around later and you can stick around till she does so, then uncontested divorce can work fine. But, if you are too determined to take the divorce process forward or if your spouse looks unrelenting and highly unlikely to come around, then uncontested divorce is a bad idea.

Uncontested divorce is a bad idea when one or both spouses are both ignorant about the law and greedy. If your spouse is just ignorant but reasonable then uncontested divorce many work fine. In cases where both the spouses are ignorant about the law and greedy, then they may need separate attorneys to represent their case.

Divorce cases where both spouses have many issues at stake can hardly opt for uncontested divorce process. They would rather prefer to have a professional and competent divorce attorney represent them in order to resolve the issues concerning them. Indeed, there are many typical issues in divorce cases that can not be resolved through uncontested divorce process. This is where the trial process looks inevitable and couples are recommended to go for contested divorce process.

At Bay Area Family Law, we offer services both for contested divorce process as well as uncontested divorce process. Since we have the experience in handling cases involving both the processes, we can help you consider the best option available for your case. We can also facilitate all the necessary steps that you are supposed to go through while you choose either contested or uncontested divorce process.


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