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Contested Divorce

Contested Divorce

Divorce can be separated into different forms of decision handed down by a judge or magistrate. No fault divorce systems allow couples an easy opportunity to divorce, whereas some nations continue to outlaw divorce outright. Another common form of divorce, referred to as uncontested divorce, permits couple to settle out their own terms. The way divorces function around the world vary greatly but general secularism in the West has allowed individuals to choose divorce without fear of public scorn.

A common form of divorce, no fault divorce, allows marriages to dissolve without a proven fault for either individual. Currently the vast majority of states allow for no fault divorce, either by an individual or couple. Many of the forms of no fault divorce claim a mutual understanding over some type disagreement or incompatibility that disallows the continuance of their relationship.

The vast majority of divorces in the United States, known as uncontested divorce, bring to the court an agreement over property and possessions. Uncontested divorce requires the individuals to agree upon custody and the holding of certain possessions, and if they are able to do so, the court will always almost guarantee the acceptance of the divorce. In an uncontested divorce the individuals may or may not be represented by a lawyer and can decide to go through mediation where it will still be seen as an uncontested divorce.

Often individuals will not be able to come to an uncontested divorce, or a no fault divorce, and will then ask the court to rule on the fair split of possessions, and if applicable, the custody of children. Due to the nature of divorce and considering the exorbitant numbers that clog the legal system, courts will always prefer an uncontested divorce or no fault divorce.


Individuals who no longer get along at all can also appoint lawyers to come to an agreement before a court date so that the entire ordeal can pass quickly. With regards to child custody, the situations that arise if an uncontested divorce or no fault divorce can not be agreed upon are often difficult to adjudicate. This turns children into possessions and will pin the former couple against one another.

It is quite clear that either an uncontested divorce or no fault divorce are more desirable resolutions than the alternative. Having a judge divide property and custody with only the knowledge of the situation brought in front of him can be a tough and binding decision.

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