Thomas Petrelli Divorce Law Blog on Lawyers.com

Petrelli Law, experienced Philadelphia divorce lawyers, explains the difference between contested and uncontested divorce.  When one or both parties seek to file divorce in Philadelphia, there are two potential scenarios that follow.  If both parties are willing to accept the divorce and work cooperatively through the legal process, this is called an uncontested divorce. When the parties cannot agree on the issue of divorce, or are not willing to work cooperatively towards a settlement, we call this a contested divorce.

When a married person files for divorce, and the divorce is "uncontested", the legal representatives from both parties involved will work together to come to a fair settlement according to the wishes of the divorcing couple.  During this time decisions are made as to the division of property and assets, handling of debts, child custody, child and spousal support. An uncontested divorce is typically resolved quicker than a contested divorce and at a much lower cost.

When a petition for divorce has been made and it is "contested" by the opposing spouse, the divorce case may go to a hearing at family court.  While a court ruling is required for any type of divorce to be legal, with a contested divorce the judge will decide on division of property and separation issues.  A judge or master will typically look at the specific requirements of both parties and then make a reasonable request of both parties. Requirements typically examined are: division of property and assets, custody of the children, child support responsibilities and amounts, and spousal support. In most instances a contested divorce will cost more than an uncontested divorce because both parties will need legal counsel and court fees will accumulate.

Divorce Mediation is an alternate path to take when facing a divorce. With mediation, the same legal counsel can represent both parties and an agreement can be worked out with no interference from the court system. Once a couple agrees to a settlement, the divorce is then finalized by the court, but no court time is required by the couple.

No matter what may arise from your particular circumstances, it is wise to seek legal guidance.  It is impossible to predict what may happen when divorce is pursued, so seeking the counsel of an experienced divorce attorney in Philadelphia should be the first step before filing for divorce. Call the Philadelphia divorce law firm Petrelli Law, P.C. if you need assistance.

Petrelli Law, P.C.
1616 Walnut Street, Suite 1910
Philadelphia, PA 19103
Phone: 215-523-6900