Couples always ask "What is the difference between legal separation and divorce?" Legal separation is similar to a divorce in many ways, including the grounds for filing in the courts. The key difference is that unlike divorce, it does not "officially" end or dissolve a marriage. After a divorce you are allowed to re-marry, but you can not re-marry or be a part of a domestic partnership following a legal separation. Legal separation is for legally married couples who decide to live apart but the separation does involve a legal agreement, however, the legal separation involves a legal agreement; hence it is not simply living apart.
What Happens if My Divorce is Contested?
As many couples come to find out, a contested idvorce is a more complicated process and will involve the divorcing couple to attend court hearings in front of a judge. In most cases this will entail the initial evidence and argument hearing then a return to the courts for judgement. A judge will ultimately decide whether the person who started the divorce (petitioner), is entitled to the divorce, based on the evidence given.
Is a Contested Divorce More Expensive?
The short answer is, yes. An "uncontested" divorce is much faster and less expensive than a contested divorce. The primary reason for this is that if your divorce is uncontested, you may be eligible for what is called as ummary dissolution. This is the abbreviated divorce process.
How Long Does a Contested Divorce Take?
In this scenario, there is no definitive answer. On average a divorce the begins with mutual consent lasts about 6-8 months upon completion. This timeline can be determined by the complex issues involved in your case, how willin the spouses are able to come to an agreement, and how available the courts are. We have seen divorce cases last 2-3 years as well because iether party can challenge the final decision by the High Court and Supreme Court should they choose.
For over 3 decades A Fair Way Mediation has been helping couples get a peaceful and affordable divorce. With mediation, the process usually takes around 3-6 months on average, again, depending on the ability of the couple to communicate effectively. The goal of mediation is to keep you both out of courts, allowing you to decide the outcome on your own terms.
If you have more questions or would like to get a free consultation, please fill out our "Start Evaluation" form or give us a call!