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Uncontested vs. contested divorce

In some situations, couples find themselves being able to live happily ever after. However, not everyone has that story. Divorce may be necessary if two spouses have drifted apart and have irreconcilable differences in the state of Montana, but whether the divorce ends up being uncontested or contested really depends on the couple.

In an uncontested divorce, a couple has arrived at an agreement on all issues that have cropped up between the two. These issues might include property division as well as spousal support and child-related issues, such as child custody and child support. The divorce agreement that they ultimately enter into is considered to be legally binding.

However, sometimes divorce matters are more complicated -- for instance, if a couple has been married for a long time and there is a lot of property to divide between them. Clearly, it makes sense for a couple to try to work things out at the negotiation table, as this is much less expensive and faster than going to trial. However, if the couple cannot find common ground, they have to rely on litigation to get through the divorce.

During litigation, a judge will be the one to determine how a couple's assets are distributed, if spousal support will be awarded, and if so, how much, for example. Unfortunately, the outcome of the divorce proceeding may not be personally favorable to either of the divorce parties. An attorney in Montana can offer aggressive representation in court and help to make sure that one's best interests are protected at each stage of the divorce proceeding.

Source: commdiginews.com, "Law School For You: Understanding Divorce Law", Paul Samakow, April 23, 2017

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