What is the Difference Between Contested and Uncontested Divorce?

There are generally two types of divorce in Alabama: contested and uncontested.

In a contested divorce the couple can’t agree on some or all aspects of the divorce. Pleadings will need to be filed and a process of information gathering called discovery will require both parties to respond to written questions and gather documents and information. Eventually the case will be set and the judge will hold a trial.

Witnesses will be called, and the judge will decide issues such as property division, child custody, alimony and any other issues relating to the dissolution of the marriage.

A contested divorce can be expensive, time-consuming, and stressful.

By contrast, in an uncontested divorce, the spouses agree on all of the issues required to end their marriage, so there’s no need for the judge to hold a trial, and no need for the parties to go to court at all. If a divorcing couple can work together and compromise in order to agree on all of their divorce-related issues, an uncontested divorce, is a simpler, faster, and much less expensive way to end your marriage.

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