What's the difference between a contested and uncontested divorce? How long does an "uncontested divorce take?
Huntsville Alabama Domestic Law Attorney Leigh Daniel explains key differences between a "contested" and "uncontested" divorce and the pros and cons of each.
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One question that people have a lot is about contested or uncontested divorce. It's a big problem if people don't understand that because in uncontested divorces, you have to agree on all the terms. All the terms mean every single thing. That means assets, that means debts, that means children and your child custody, your child visitation, means alimony, and with this kind of case, you guys can have the same attorney. It's gonna take about 30 days to sign the documents to get it signed by the judge, and it's significantly less expensive. The reason it's less expensive is because you can use the same attorney and because it's not so much going back and forth. Now on a contested divorce, it's different because somebody has actually served documents. They're served with the contested complaint, and then they have 30 days to answer the case. It's higher cost, and it can be very contentious. It's gonna cost a longer time. In fact, in different jurisdictions, it can take anywhere from 12 months up into 2 years or even longer. My suggestion is if you can possibly do an uncontested divorce, that's the way to go. Many times you and your ex-spouse or your soon-to-be ex-spouse can't work out the agreement, so you have to have lawyers to get involved and to hammer on agreement. We work with this kinda cases all the time. I welcome you to come into our office and let us sit down with you and decide which way would be best for you.