Potential legal clients invariably want to know how much a divorce costs. The answer is always, “It depends.” Every case is different, and those differences impact the time spent in court, negotiations, and completing necessary documents. A critical factor in the cost of divorce is the type of divorce being filed. Two types of divorce can be filed in Alabama: uncontested and contested.
Uncontested Divorces
The simplest explanation of an uncontested divorce is that the parties agree on the terms at issue and memorialize those terms through a written agreement filed with the court when all other required documents are filed. Uncontested divorces allow parties to avoid appearing in court for a judge to decide disputes. While many potential clients initially believe their divorce case will be uncontested, these are not as common as contested divorces.
Contested Divorces
Contested divorces are when the parties do not agree on the resolutions of some or all the issues between them in a case. A contested divorce does not necessarily mean one party does not want a divorce. For example, both parties in a contested case often want a divorce but cannot agree on how to resolve issues like custody, property division, or support. A contested divorce begins with the filing of a document asking the court for a divorce (referred to as a Complaint for Divorce) by one party (a plaintiff) that requires the other party (a defendant) to respond. Parties to a contested divorce must ask and have a judge decide on limited issues or an entire divorce case.
This is not to say that every contested divorce goes to trial. That is far from what happens in everyday life. Most contested divorces are settled between the parties without a trial, but after evidence is gathered and exchanged, motions are filed, and witnesses and parties are interviewed or questioned under oath, among other events. Often, contested cases involve third-party professionals like mediators, experts, parenting coordinators, and mental health professionals who provide services while a case is pending. Contested divorces are much more common than uncontested divorces.
Divorce Type Impacts the Cost
So why does this matter? If parties can agree on terms before a divorce is initiated with the court, the amount of work and time required to finalize a divorce will be much less in an uncontested divorce than in a contested divorce. This is not always possible, however. Reasonable outcomes and achievable outcomes differ in every case. A party to a divorce must balance their personal interests against their willingness or “bandwidth” to engage in an adversarial process. This is never an easy balancing act and is a life decision that should be thoroughly evaluated based on each individual’s needs.
Whether parties are amicable from the start or need to prepare for an adversarial court process, the family lawyers at MSN are ready and able to help each individual client every step of the way.