Spouses in an uncontested divorce resolve all disputes amicably, avoiding the need for a trial. An alternate option is a contested divorce, which arises when the couple’s conflicts remain unresolved.
Contrary to common misconception, an uncontested divorce does not indicate that one party willingly relinquishes all enjoyment to the other side. That is incorrect. A contested divorce lawyer Birmingham can provide comprehensive guidance on both adversarial and amicable divorces, equipping you with the necessary knowledge and preparation for either scenario.
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Uncontested Divorce: A General Overview
As to the Alabama State Bar, most modern-day divorces are deemed “uncontested,” indicating that the spouses concerned are in complete accord. The divorce decree generally addresses issues including child custody, visitation rights, child and husband support, debt settlement, and asset division.
In most contemporary no-fault divorces, the obligation to present proof of marital misconduct is eliminated. As things are, the burden of evidence for marital misconduct is usually removed in no-fault divorces. It is possible to obtain a no-fault divorce, according to the American Bar Association (ABA), in situations where the marriage has suffered irreparable harm, when the spouses have fundamentally different views, or when there are insurmountable disagreements.
Even though some divorces are smooth sailing from the start, most cases include parties who initially disagree but ultimately settle.
Contested Divorce: A General Overview
A disputed divorce occurs when both spouses hold strong opinions regarding one or more issues related to the breakup of the marriage. Consider a situation where parents can not agree on anything, such as child custody or the time each parent will spend with the kids.
Sometimes, all that is at issue is the visitation schedule. The extent to which one parent is obligated to pay child support to the other may depend on the visitation schedule. Trial is inevitable in any legal matter when the parties involved cannot settle it via informal communication, mediation, or negotiations between attorneys.
Reasons to Consider a No-Trial Settlement for a Contentious Divorce
Optimizing your resources, both in terms of time and finances, can be achieved by resolving your contested divorce through an extrajudicial settlement. Expedited finalization of your divorce is possible if the judge’s intervention is not required. It may take several weeks or months following the trial for a decree to be signed.
This is a costly endeavor. A fair settlement is typically better for both spouses rather than spending money on attorneys and other litigation expenses. You can finance your new life with the savings you accumulate.
