Divorce Lawyers Davenport IA advice you of your rights within divorce proceedings and provide counsel to make this transition as painless as possible. A divorce can be a difficult process, especially if children are involved. However, if you and your spouse have come into an agreement in terms as property division and child custody, the proceedings become less difficult.
Uncontested Divorce
An uncontested divorce is a legal process where both parties have come into the agreement that they should file for a divorce. The terms of the divorce have been discussed among them, and both parties have decided together how their property is to be divided among them. The grounds of the divorce have also been established by both parties, and they have both decided not to fight each other over this determination.
In most uncontested divorces, child custody is typically determined by the couple seeking the divorce. However, non-agreement in terms of child custody does not deem the divorce contested. A judge may determine child custody at a hearing after the divorce is completed. Within this hearing, the judge may also determine the amount of child support that will be provided to the custodial parent and when these child support payments should begin. Child support is typically based upon the income of the noncustodial parent and the number of children involved.
Contested Divorce
A contested divorce is where both parties are unable to make any agreements related to the divorce. In some cases, one of the parties is resistant in terms of the divorce and refuses to agree because he or she does not want the divorce in the first place. In these cases, the couple has two options. They can attend mediation in which they both appear with their lawyers to discuss property division, child custody, and division of other assets. This allows them to discuss these aspects in a civil manner.
