Contested vs Uncontested Divorce

Serving clients in Gadsden and Nearby Areas of Alabama


As a Gadsden divorce lawyers, we’re often asked the question, “Should I get a contested or uncontested divorce?”  The answer to that question is, “It depends.”

In order to file for an uncontested divorce, you and your soon to be ex-spouse must be in agreement as to the division of personal property (furniture, cars, electronics, etc.), division of any real estate (houses and land), division of debt and alimony. If the two of you have children together or you have adopted children together, then the issue of child support must also be agreed upon. If you’re in agreement on all these things, then an uncontested divorce may be the best choice. However, if there is any dispute about these things, then you will likely have no option but to file a contested divorce.

It is not necessary to agree upon who is more or less at fault in a divorce or whether either party has committed certain acts of wrongdoing that led to a divorce. Quite frankly, you may never agree on these things and this may even actually be one of the reasons you’re divorcing in the first place.  

The benefits of hiring a Gadsden divorce lawyer to file an uncontested divorce are that it’s financially beneficial not to go through a long, drawn out court battle. Also, there is something to be said about not having the dirty laundry of your marriage exposed in court. Uncontested divorces are over quickly and an order of divorce is usually issued by the court within approximately 30 days of the paperwork being signed by both parties and being filed with the Court. This allows you to move one with your life and begin the healing and recovery process as soon as possible.  

The benefits to hiring a Gadsden divorce lawyer to file a contested divorce are things such being able to investigate whether or not your spouse has been unfaithful, asking the court to take emergency action if your spouse has been abusive to you and/or your children, locating assets and money that your spouse has tried to hide from you, gaining custody of your children and other parental rights that your spouse won’t agree on, asking the court to order alimony or deny alimony, asking the court to order the other party pay certain debts for which you shouldn’t be responsible and asking the court to grant other relief you may need.

If you are considering a divorce or have been served with divorce papers, then you need to sit down and speak with a Gadsden divorce lawyer at firm immediately. The initial consultation is free our rates are competitive and there is nobody…and we mean nobody… who will intimidate us or you during this process. We can assure you that we’re not afraid of your ex husband or wife and we’re not afraid of their lawyer. As a matter of fact, THEY should be concerned that you've hired US. Call our firm today and let us start protecting your rights. 256-547-4988