Contested Divorce Vs. Uncontested Divorce in Birmingham


No matter how resilient you are, your divorce is a trying time and can take a toll on your emotional and mental state. If you are considering divorce in Birmingham, there are two options – uncontested and contested. True to the name, an uncontested divorce is when both spouses agree to the basic terms of the divorce and wish for the same things without going into a legal battle. On the contrary, a contested divorce is likely when the separating couple cannot agree on the divorce and intend to rely on the court to get a decision. Regardless of the circumstances, you should consider hiring a Birmingham divorce lawyer to understand your legal options better. Here is an overview of both contested and uncontested divorces.

The basics

If you and your spouse decide to go for an uncontested divorce, you will file a joint petition in court. In a contested divorce, one spouse files the papers, which are then served to the other. Typically, it largely depends on whether the spouses can agree to divorce terms, especially alimony, child custody, child support, and division of assets and properties. An uncontested divorce is the simplest and the most cost-effective way of ending a marriage. Not only do contested divorces take longer, people often end up spending a lot more money to reach a settlement.

Can your spouse prevent you from getting a divorce?

The short answer is no. Your spouse may decide to prolong the process by not agreeing to the terms of the divorce, but they cannot prevent you from ending the marriage. You can get a faster divorce if your spouse agrees to the decision and is okay with working on the significant issues. An uncontested divorce allows you to discuss and resolve affairs without getting the court involved. Even if you choose to go for litigation, there is no guarantee that the court will work in your favor, and therefore, discussion and negotiation are your best tools. Your attorney can guide you through the process.

Contact your lawyer

The truth is most couples going through a divorce in Birmingham reach a settlement before the matter goes to court. Both parties must agree to a settlement and sign the agreement, which becomes legally binding on the spouses. Talk to your lawyer to understand how you can ease the whole process, and they can initiate talks with your spouse and their attorney.

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