Law

Why are Uncontested Divorces Not for Everyone?

Uncontested divorces are typically the fastest and easiest type of divorce, with little to no chance of a contested case. They are very common, but not for everyone. An uncontested divorce lawyer in Alabama advises a client to begin with an uncontested divorce if the couple does not have children and has minimal issues in the divorce proceedings. 

The decision to file an uncontested divorce is often made by those who have questions about their ability to afford or pursue a contested case. However, there are some situations where one may want or need to go through with a contested case, such as if their property is under dispute or if there are significant child custody and support issues that require time for negotiation and resolution. If you’re not sure whether or not an uncontested divorce is right for you, then this blog post might help to clarify some of your questions about this type of divorce. 

Here are some common scenarios in which you may need to go for an uncontested divorce instead of a contested one.

  • There is a history of domestic violence

 If you have been the victim of abuse by your spouse and believe that it will not stop after the divorce, then an uncontested case may be pointless. It is because of this fear that many have to go through a contested case or trial in order to protect themselves and their children from possible future abuse.  

  • You and your spouse cannot remain amicable

If you and your spouse are constantly fighting and being uncooperative, then you may want to reconsider going through a contested case. Going with an uncontested divorce may mean that there will be no animosity toward each other. 

  • Property disputes

If you and your spouse have significant property disagreements, it may make sense to file for an uncontested divorce. In some cases, this can mean that the couple will own their property more equally. If there are significant financial issues with the split, then it is important that both parties come to a resolution before going through with a contested divorce.

  • Children are involved

If both you and your spouse have children together, then the likelihood is high that a contested divorce may be necessary. You need to be sure that you are prepared for the continuance of life after the divorce and make sure that both you and your ex know exactly where you stand in terms of custody and visitation rights. If you do not have children with your spouse, it is unlikely that a contested case would be necessary.

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