Understand Your Options in Divorce and Separation in Fresno Area
There are several types of divorce and separation, from default divorce to contested divorce. Understanding the types of divorce may help you with your legal options.
Contested Divorce
A contested divorce is one in which the parties don't agree and may have a judge one or more of the terms. A contested divorce does not always mean you will be involved in months or years of litigation. It means that the parties have not been able to reach a mutually acceptable agreement to resolve the disputes in their divorce case and it sometimes results in going to trial to resolve the issues of the divorce. A contested divorce case can be a long, involved, and emotionally draining experience.
Uncontested Divorce
An uncontested divorce or default divorce is one in which both parties believe they can separate and divide the property amicably. Uncontested divorce occurs when there are no disagreements between spouses over divorce related issues like custody, finances, living arrangements, spousal support, child support, etc, and is often an easy and quick way of obtaining dissolution of marriage. An uncontested divorce also guarantees both parties a greater degree of confidentiality. While it is not necessary to involve a lawyer in this type of proceeding, it can be beneficial to seek the council of a divorce attorney to ensure that everything is filed correctly.
Legal Separation
A legal separation is a court decree enabling a married couple to live separately with the same rights and obligations as divorced persons without actually receiving a divorce. The couple is in fact still legally married, but no longer live together and may request child support, alimony, and the legal division of property. A legal separation protects a husband or wife and their credit rating from a financially irresponsible spouse however it is not a guarantee that a final divorce will be faster, cheaper or more streamlined. A legal separation involves filing all the same paperwork you would file for a divorce.
If you are seeking a divorce and need to know your options, please email the Fresno Law Offices of Fisher & Leiser or call 559-892-0365 for a consultation.