When two parties get divorced, they are essentially dissolving their marriage in the eyes of the law. This can be a difficult time for the parties, and depending on if the parties agree, the process may be simple or complex. There are two different ways that parties can pursue a divorce. They can either have a contested divorce or an uncontested divorce in Shelby County, or anywhere else in Alabama.
Contested divorces occur when two parties are not able to agree on the terms of their divorce. Whether it is only one term or all of the terms that they disagree on, their divorce will be considered as a contested divorce. Contested divorces can be difficult and time consuming. These divorces could take anywhere from months to years to resolve depending on if the parties decide to cooperate.
Contested divorces are usually charged hourly, so they can get very expensive if the divorce continues to be drawn out because the divorce attorneys are having to go back and forth with each other. In Birmingham contested divorces where the parties cannot agree, the issues are brought before the Circuit Court judge, and the judge will decide each unsettled term of the parties’ divorce. Contested divorces may leave one or both parties unhappy with the outcome, so if it is possible, try to get an uncontested divorce.
Uncontested divorces are much easier than contested divorces. Uncontested divorces are when both parties come to an agreement on all of the terms of their divorce. The parties will enter a marital settlement agreement, which will allow the parties to make their own decisions regarding what will happen with their property, children, and anything else that they wish to include in their agreement. The parties can meet to discuss and decide each term of their divorce on their own schedule rather than being forced to comply with the court’s schedule.
Alabama has a mandatory cooling off period, where the parties have to wait 30 days after filing their agreement and divorce petition, but any time after that, the cheap divorce in Madison County can be granted. This allows the parties to start moving on with their lives much quicker than a contested divorce would have allowed. These divorces are usually done for a flat fee, so they also tend to be cheaper than contested divorces.
To have a relatively easy divorce in Jefferson County without having to go to court in Alabama, you would need to pursue an uncontested divorce. Of course, this is easier said than done most times, but if the two parties are able to agree on every term of their divorce, then they will save themselves time, money, and stress. When there is a marital settlement agreement, the divorce attorney simply files the agreement along with a Petition for Divorce in the Circuit Court, and after the cooling off period, the judge will issue their final divorce decree without the two parties ever having to go to court. If you are considering a divorce, contact us today, and one of our Anniston divorce attorneys will help you decide which type of divorce you should pursue.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!