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Baltimore County Family Law Attorney Blog

Baltimore & Towson Lawyer Discusses Contested versus Uncontested Divorces

Written by Amar Weisman » September 30, 2013 »

Divorcing is not always an easy decision for couples to make. While it is true that some couples mutually come to the realization that they need to part ways, some may not want to let go of the relationship just yet. There are a variety of reasons why couples choose to divorce, and it is important for them to realize that divorces can be based on fault (or no-fault), as well as contested or uncontested. There are significant differences between contested and uncontested divorces, and your divorce attorney in Baltimore and Towson will tell you that it is crucial for couples to fully appreciate those differences prior to proceeding through the divorce process.

Contested Divorces

What is a contested divorce? A contested divorce is one in which the spouses are unable to reach an agreement with respect to certain major aspects of the divorce. When parting couples cannot agree on such aspects or issues, the case will likely be heard in a court proceeding so that a judge can assist the couple in resolving those issues.

Depending on the facts and nature of the case, there may be a need for a full divorce trial. During the trial, the court will likely resolve issues relating to child custody and support, as well as many other issues that are associated with the division of marital property. Some couples are able to handle their own divorces amicably without outside help; however, if one party contests the divorce, your divorce attorney in Baltimore and Towson can assist with handling the case.

Uncontested Divorces

Whenever a couple is able to reach an agreement on their own with respect to all issues associated with the divorce, the divorce will be considered "uncontested." More specifically, an uncontested divorce means that the parties were able to reach an amicable arrangement regarding issues of property division, child custody and support and/or alimony.

Quite commonly, uncontested divorces are handled by divorce attorneys in a mediation type of setting rather than a courtroom. Additionally, an attorney will be able to put the divorce settlement agreement in writing for the parties and ensure that all of the set terms are agreed upon. Once the written agreement is done, the parties will need to file the document with the court in order to obtain approval. If the court approves, the divorce will be granted in accordance with the terms stated in the agreement.

Fault vs. No-Fault Divorces

Individuals who are contemplating divorce should also be aware that under Maryland law, divorces can be fault-based or no-fault based. Fault-based divorces are those in which one spouse alleges certain things that demonstrate the other party's fault in regard to causing the deterioration of the relationship.

A no-fault-based divorce is one in which neither party places blame on the other for the divorce. The party bringing the divorce must demonstrate that the couple has been living apart for at least a period of one year.

The divorce process can be complex; however, individuals do not have to attempt to handle their own cases. Contact a divorce lawyer in Baltimore and Towson at The Law Offices of Amar Weisman, LLC today to discuss your legal options.

Call (410) 321-4994 For a Free Consultation 

Call The Law Offices of Amar S. Weisman at (410) 321-4994 to schedule a Free ConsultationThe Purpose of the consultation is to determine whether you want to retain this law firm as your Baltimore County & Harford County Family Lawyer. If you do wish to proceed, then you must pay a retainer. See Our Policy on Fees and Costs. The family firm is located next to The Circuit Court for Baltimore County, at 1018 Dulaney Valley Road, Towson, MD 21204.