Contested vs. Uncontested divorce in Birmingham, AL: A quick review

Contested vs. Uncontested divorce in Birmingham, AL: A quick review

No matter how strong you are, initiating your divorce will impact your life. If you (and your spouse) have tried everything else and when there is no room for reconciliation, ending the marriage is always a better idea. In Birmingham, you can file for a no-fault, uncontested divorce when you and your spouse agree to most things and don’t want to blame one another. Before you do that, you should check for a divorce attorney near me to get tailored advice for your circumstances. In this post, we are reviewing both contested and uncontested divorces.

Understanding the basics
Usually, there are four reasons why couples don’t agree to the terms of the divorce – child custody, child support, alimony, and distribution of assets. If you and your spouse don’t want to drag things further and have agreed on these aspects, you can draft an agreement, which will be submitted to the court. There is no need for litigation. Even local courts support the idea of resolving disputes and fights outside of the courtroom.

However, if that doesn’t happen and there are evident reasons to start a legal battle, you will have a contested divorce. Contested divorces may end up in trial, although you have options like mediation to negotiate and settle things amicably.

Contested divorces are expensive and more time-consuming, and the longer the case drags, the more money your lawyer would make.  However, this doesn’t mean you should ignore the need for legal  assistance in an uncontested divorce.

 A look at mediation

Just because you and your spouse don’t seem to agree on certain things doesn’t mean that the legal fight has to be ugly. Mediation is always an option. During the process, a neutral third-party who has an understanding of local county and Alabama laws will help in coming up with a resolution that’s acceptable to both parties. Before you go for mediation, you should have an attorney who will be there to advocate your rights. According to laws in Alabama, the same lawyer cannot represent both parties.

Get an attorney
There are many law firms in Alabama that have qualified, experienced lawyers who work on both contested and uncontested divorces. You should meet an attorney as soon as possible if you don’t understand the legalese or how to deal with your concerns and questions. If yours is an uncontested divorce, lawyers may charge a flat fee, while for contested divorces, an hourly rate is the typical norm.