First off, there are two types of divorce: uncontested and contested. Once you and your spouse decide that you want to file for dissolution of marriage, you must discuss the core issues that must be addressed in a divorce. The two of you must talk about the following matters:
- Dividing up the debts
- Distributing the property
- A child custody plan that serves the child's best interests
- Who has to pay child support and alimony
Once you have touched on the above issues, you will find out rather quickly if you and your spouse are seeing eye to eye. If you are both able to agree on a mutually desirable divorce settlement, then you will be able to file for an uncontested divorce. With this type of divorce case, you can seek trustworthy legal advice from a divorce attorney and have the divorce agreement reviewed. If your case involved matters of child support, then you will need to have your divorce agreement approved by a judge in family court. This hearing is so that they can make sure that the proposed support agreement meets the child support and
child custody requirements in your state. It is important that both parties are present at the hearing so that you know if the court feels you have come to a fair agreement.
The Benefits of Uncontested Divorce
With an uncontested divorce, you do not have to pay attorney litigation fees to have legal representation at trial. Contested divorce cases must be resolved in court where a judge can decide on the main issues of
property division, custody and support. On the other hand, an uncontested divorce can be handled without court involvement and without going to trial. Since you can file for an uncontested divorce without having to wait for a trial date, the process goes much quicker and you are able to move on with your life sooner. A
contested divorce typically drags out the process over a few extra months and tends to be more expensive.
When you file for an uncontested divorce, you and your spouse have more control over the final outcome of the case and you can work out a mutually desirable agreement that meets the best interests of both parties. However, it is safe to say that there is no divorce that is truly uncontested, there are always small obstacles and disagreements that need to be overcome. If you have trouble coming to an amicably resolution, then you should seek assistance through mediation or have your two attorneys reach an agreement that works for everyone.
Contact a Birmingham divorce lawyer from Stephen F. Thompson, Jr., Attorney at Law today to find out if an uncontested divorce is the right option for you. Call now for your
free initial consultation!