In most states, including Alabama, there are two types of divorce — contested and uncontested. While they ultimately achieve the same results, there are key differences between them that can affect how much time and money you’ll put into the process. You should speak with a divorce attorney to determine which is the most appropriate for your specific situation. Below is an overview of how both of these options work and why it’s best to have legal representation even if your split is amicable.

What to Know About Contested & Uncontested Divorce 

How Are They Different? 

In a contested divorce, the couple is unable to agree on all the terms of the divorce settlement. It’s often difficult for spouses to reach an agreement on issues such as child custody and visitation, child or spousal support, and the distribution of marital property and debts. In this type of case, the couple will need to go to trial where a judge will make the final ruling on these disputes before issuing a divorce decree.

In an uncontested divorce, the couple has come to a mutual agreement on every aspect of their divorce. While litigation is unnecessary, the court must still approve the settlement to make sure it’s in the best interest of all involved parties.

Do I Need a Divorce Attorney if I Settle Out of Court? 

Even if a divorce is uncontested, each spouse should retain their own legal counsel. A divorce attorney will explain what you’re entitled to in the settlement and help you avoid agreeing to any provisions that could place your financial future at risk. They also provide you with sound advice and an objective viewpoint during negotiations to let go of unrealistic expectations and work toward a compromise. Having an attorney also ensures that all the complex paperwork required for divorce is completed and filed correctly to prevent delays that prolong the process and increase costs. 

Getting a divorce is a life-changing event, so hire a professional to help ensure the most favorable outcome for your case. Whether you’re pursuing a contested or uncontested divorce, Edmiston Law will guide you through the legal proceedings step-by-step to advocate on your behalf for a fair settlement. Backed by more than two decades of experience, this team of divorce attorneys has helped numerous residents of Scottsboro, AL, successfully resolve their family law disputes in a quick and cost-effective manner. Call (256) 259-0834 to schedule a consultation or visit them online for more information on the services they offer.