Contested divorces are those that end up in court because the spouses are unable to agree on all of the issues related to their separation, such as property division, child custody, and child support. This type of divorce differs in many ways from an uncontested divorce. The contested problems can be resolved with the legal assistance of a Huntsville contested divorce lawyer.
In contrast, an uncontested divorce is one in which the parties can reach a settlement among themselves with regard to all of their property and parenting issues. The courts rarely need to be involved in these cases.
Contested divorces are generally more expensive than uncontested divorces because they take longer and require more attorney’s time. In addition, the couple will have to attend related court hearings and may hire an attorney to represent their interests when they opt for a contested divorce. However, the decisions in a contested divorce are usually made by a judge who is impartial and has access to all of the relevant facts. Contested divorces, unlike uncontested divorces, cannot be finalized through a settlement between the spouses. Instead, they must go through the entire court process.
Why is it Essential to Hire a Lawyer for a Contested Divorce?
Contested divorces are complex legal matters that are best handled by the advice of a lawyer. A contested divorce attorney will have the experience and knowledge to guide the client through all of the issues involved in a contested divorce.
Divorce lawyers, like other lawyers, do not charge for their services unless they win a case. Thus, there is no cost to get legal advice until a settlement or judgment is reached in the case.
Many divorces end up as contested divorces because there are serious differences in how the spouses see the marriage and their future. This is true if one of the spouses is unwilling to make a divorce settlement or feels that his or her rights are not being respected. In addition, a divorce may become contested if one spouse will not agree on custody and visitation for any children of the marriage.
Contested divorces can also occur if the couple has used their assets to invest in different businesses or other ventures without putting those investments into their names as community property, or if they have spent excessive amounts on vacations and other luxuries without sharing them with their spouse.