Contested and Uncontested Divorce
Serving the Montgomery & Auburn Area.
The Montgomery and Auburn divorce law firm of Singleton & Associates, LLC Attorneys at Law explains the differences between contested and uncontested divorce procedures and when a case may need to be resolved through litigation in court.
Contested Divorce
A contested divorce is one in which one party does not agree with some or all of the terms and conditions listed in the divorce papers served by the other party. Common sources of contention include:
- Grounds (reasons) stated for the divorce
- Issues regarding child custody and visitation
- Alimony or child support payment demands
- Division of marital property, assets and debt
Options for Resolving Contested Divorces
In order to avoid a lengthy and unpleasant court battle, a negotiated settlement can be attempted. During this out-of-court process, each party can make discovery requests. “Discovery” means that each side provides information relevant to the disputed issues, such as financial records, to the other. Interrogatories (questionnaires) Requests for Production, Requests for Admission, and Depositions may also be utilized to gather all necessary input and to support each party’s claims.
Another alternative is mediation between the spouses with the assistance of a mediator (usually an attorney). Ideally, the mediator can help the parties reach an amicable arrangement without going to court, saving time, emotional distress and court costs.
If there are too many areas of dispute and the parties to the divorce cannot work out their differences via negotiation or mediation, litigation may become necessary. A trial will be conducted by a judge, during which evidence is presented and testimony provided by the parties and any relevant witnesses. The judge will make a final decision resolving all contested issues that will then be entered into the final divorce decree.
Uncontested Divorce
Parties involved in an uncontested divorce are in agreement on all the major issues to be considered and can usually reach a quick and satisfying arrangement for dissolving their marriage. Most couples can use one attorney to simply assemble and fill in the required paperwork and file the divorce petition with the court. The judge only has to ratify the divorce for it to be finalized. An uncontested divorce can save couples a great deal of time, money, and avoid hard feelings on both sides.
For assistance with either a contested or uncontested divorce in Montgomery and Auburn, AL, please call Singleton & Associates at 866.604.9720, or submit our quick contact web form.
