What is the difference between an uncontested and contested divorce?
An uncontested and contested divorce are two distinct types of divorce in Rhode Island. The difference between the two is based on the issues surrounding the divorce. Uncontested divorce is when both spouses agree on all the details of their separation without dispute. Both spouses must come to a mutual agreement on matters such as division of property, alimony, child custody, and debts. After settling their issues, the spouses can file a joint petition to the court detailing their agreement. The court then reviews the documents to ensure they meet all legal requirements. If successful, the court gives its approval and the spouses receive a final divorce decree. Contested divorce is when the two spouses cannot come to an agreement and the court must intervene. In such a case, the spouses will hire attorneys to represent them in court. At the trial, each spouse will present arguments and evidence in order to convince the court of their position. If the court finds in favor of one spouse, the other spouse is typically required to comply with the court order. Overall, an uncontested divorce is a simpler and less expensive process, whereas a contested divorce can be much more complicated and costly. The outcome and cost of a contested divorce largely depends on the situation and the arguments presented by both sides.
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