What's the difference between contested & uncontested divorce?

Posted By Law Office of Zach Horsley, LLC || 16-Mar-2015

There are generally two types of divorce: an uncontested divorce is usually faster and cheaper and is sometimes known as a no-fault divorce. In this case, both spouses come to an agreement on the important issues of property division, alimony, and child custody before the divorce is filed. In an uncontested divorce, just as it sounds, both spouses can reach an agreement without dispute.

To obtain an uncontested divorce in Alabama the following must be met:

  • One spouse needs to have been an Alabama resident for at least six months before filing
  • Both spouses should be willing and able to sign all necessary paperwork, and
  • Both must agree on the settlement of all relevant issues

In an uncontested divorce, an attorney can draft and prepare the relevant documents to be signed by both parties including a settlement agreement and file them with the appropriate court. While courts will not usually sign the divorce agreement for at least 30 days, the spouses can receive a final decree of divorce within 6 to 12 weeks later.

In general, no court hearings are needed for an uncontested divorce in Alabama since both spouses are in agreement to the terms of the divorce.

What is a contested divorce?

Contested divorce involves a divorce attorney who files a divorce where no agreement can be reached by the spouses themselves. An agreement will worked towards with respective attorneys in court hearings which take place each month or so. A judge can eventually decide on the important aspects of the divorce agreement if no agreement can be found. Contested divorces generally cost much more in attorney fees and take much longer.

If you are considering getting a divorce look to a Birmingham divorce lawyer form my firm to advise you from the start. The Law Office of Zach Horsley, LLC can represent you whether you and your spouse can agree to terms or not.

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