Uncontested vs. contested divorce in Fox Point: Check these details

Marital misconduct, abandonment, cruelty, and other standard grounds for divorce in other states are not applicable in Wisconsin. If you want to file for divorce in Fox Point, the irretrievable breakdown of the marriage is enough to end the union. The question is whether it would be a contested divorce or an uncontested one. Just because you want to separate from your spouse doesn’t mean it has to be a bitter battle, and even when things are not as bad, you need to meet a Fox Point divorce lawyer to understand the legal process. In this post, we are discussing essential elements of both types of divorces.

Dealing with an uncontested divorce

If you and your spouse have discussed the separation and agree on fixing critical issues without getting the court involved, it would be an uncontested divorce. In an uncontested divorce, the parties can make a marital separation agreement, which must be signed and filed in court. The understanding should be explicit on aspects that usually emerge in a divorce, such as child support, child custody, alimony, and overall distribution of assets. The process doesn’t take as much time, and most lawyers will charge a fixed fee for uncontested divorces. The time required for the entire legal procedure may vary between four to eight months, depending on how the paperwork is done.

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Dealing with a contested divorce

Not every couple can discuss things amicably. If that is the situation, you can go for a contested divorce, where you will be fighting your spouse in one of the many ways. There are ways to resolve a contested divorce, including –

  • Mediation: This involves a third-party mediator who helps the separating spouses to resolve their issues through negotiations. You can continue to retain your lawyer, who will represent your interests.
  • Collaborative divorce: If you and your spouse decide to discuss things through respective lawyers and collaborate to fix things rather than engaging in a public battle in the trial, this could be your option.
  • Litigation: This is everything you have seen in movies. A contested divorce that ends up in court involves massive work, which requires both parties to present arguments, witnesses, and evidence.

A contested divorce is not only expensive but also extensive. Lawyers will usually charge a retainer fee along with an hourly rate, and if the process continues for a long time, you may end up spending thousands of dollars on legal fees alone.  

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