Ugly Fight vs. Amicable Split-up
The main difference between a contested and an uncontested divorce is really just this: The former is an ugly fight in court whereas the latter is a relatively amicable process of splitting up. Now, there are variations of the two, but in general, an uncontested divorce is a divorce where both spouses have agreed to everything.
This means they've solved their differences regarding all of these issues:
- Division of assets and liabilities
- Custody of the children
- Alimony and child support payments
- Visitation rights
Of course, it's tricky to get all of these things sorted out. Even if and your ex agree on who should raise the children, there will be conflicts when it comes to settling the money and any other assets you might have. The biggest decision that will affect both partners for years to come is how alimony and child support payments are set up.
Court Battles Are Costly
If your divorce is anything but amicable, then you might end up battling out all of your differences in court. Your lawyer and the lawyer your ex has hired should steer you toward a settlement instead. That's because court battles aren't just time-consuming; they can get very expensive. The worst part is that you have no control over the outcome. And the other party could appeal the decision, which means you might have to do it all over again.
A settlement is certainly not going to meet all of your requirements. By definition, a divorce settlement requires compromises from both parties. The upside is that neither of you will contest the terms of the divorce later since you have both agreed to them in writing.
Contested Divorces Take More Time
Some divorcing couples just can't agree to the terms of a settlement, no matter how hard the lawyers try. There may be some huge problems within the marriage or just a large amount of assets involved. In either case, a contested divorce is going to take a long time to become final. That's because you'll both have to wait for your day in court. Keep in mind that in contested divorces a judge gets to make the final decision on everything you hold dear. Therefore, you should definitely consider making compromises with a settlement agreement instead.
If kids are involved, it might be even more important for everyone to work really hard on coming to an agreement. The uncertainty of who will get custody will put a lot of stress on everyone otherwise. If necessary, all parties should consider counseling to get through this rough patch.
In conclusion, an uncontested divorce in Daphne, AL, is the best possible solution for separating spouses. If all points are agreed on, then spouses can even choose to file for divorce without an attorney. However, that's not always a good idea, because there might be some inequality in the arrangements that cause one party more financial problems down the road than they're aware of.