Types of Divorce in Nashville TN
If you are going through the sad process of ending your marriage, divorce is, therefore, your best and often only option if you want to get out of the marriage with your pride and your finances under control. However, this state has two types of divorce, according to The Law Office Of Tara Carter the first one being the contested divorce while the second one is the uncontested divorce.
What does a Contested Divorce Mean?
This type of divorce happens in a situation where the two parties have failed to arrive at an agreement. This is whereby they will seek the assistance of the court in adjudicating their disagreement.
Well, contested divorce comes with some benefits too, one of the benefits being settlements. With this type of divorce, all the two parties have a right to fight for their properties as well as finances.
You will also be able to fight for child custody, apart from that; you can also fight for the amount of child support the other party has to contribute to the child. With this type of divorce, the two parties can provide proofs which show that they are better off with the child and not the other party, and from that, the court will be in a position to decide who goes with the child and who contributes support to the child.
This type of divorce also ensures that the property is distributed between the two partners fairly. However for this to be more effective, the two parties have to provide the correct evidence of property contribution and ownership, and from there, the judge will be able to to make affair judgment.
With this type of divorce, all the parties have the right to say anything they feel, and by doing this, they have to provide the judge with the right evidence as well. This will help the judge in making a fair judgment.and the two of you will therefore walk out of the courtroom happy.
What Does an Uncontested Divorce Mean?
An uncontested divorce is a divorce that is not being contested. The two parties agree that the marriage should be dissolved and that irreconcilable differences and incompatibility led to the termination of the marriage.
More than that, however, an uncontested divorce also requires that the issues involved in the divorce also not be contested. In other words, the parties must agree on all aspects of the dissolution of their marriage for the divorce to be uncontested.
Some examples of the types of things that people must agree on to get an uncontested divorce to include:
- Division of marital assets, such as property and bank
accounts Division of retirement accounts and pensions
- Division of child custody, along with a related determination of child support obligations based on Nashville laws and the percentage of time the child spends with the parent.
- Alimony and other support payments
When all of these different financial and personal issues associated with divorce are resolved by the parties who are divorcing, then the uncontested divorce can proceed.
Is an Uncontested Divorce Realistic?
Reading the list of things that you must agree on with your spouse may leave you feeling as if an uncontested divorce is not even a possibility. After all, if you could agree so well on things, why would you be getting divorced from each other in the first place?
The reality, however, is that uncontested divorces happen every day. They are chosen by people who want to simplify the divorce process, who want to save money, or who simply don’t want their business presented in a courtroom.
In many cases, the best chance of actually agreeing is to get a lawyer involved early on in the process. Your lawyer will help you to better understand what the settlement negotiation process will look like. Your lawyer will also be responsible for actually negotiating the deal and for making the uncontested divorce happen.
Because your lawyer isn’t emotionally invested in the decisions made, your lawyer can be more objective in advising you on what battles you want to pick and what little things you wish to let go. By doing this, you will be more objective in arranging your settlement negotiations, making it more likely that a settlement will be reached and the divorce will occur.