Have Questions about a Divorce?

The Monk Law Firm handles both contested and non contested divorces in Baldwin and Mobile County. If you are contemplating a divorce, call The Monk Law Firm for a free consultation.  Going through a divorce can be very difficult and emotionally trying.  Consequently, you should not go through this process without the benefit legal counsel.  

At the Monk Law Firm, the firm understands that sometimes problems don't occur nine to five.  Consequently, the firm is available on a limited basis to take your calls on the weekend and after hours. Please, call the firm and leave a message and someone will call you back as soon as possible.

 

What is the Difference Between Non Contested and Contested Divorces?

  1. A non contested divorce or uncontested divorce is where the parties can agree upon everything such as alimony, division of assets, child custody, and child support. This agreement is put in writing and is filed with the court.  In other words, this agreement outlines the parties understanding as to the division of their martial assets, the custody of any children, the amount of any child support and any alimony to be paid.  Usually, the parties do not have to go to court to get a non contested divorce. This route typically does not cost as much in attorneys' fees as a contested divorce.

  2. A contested divorce is where the parties cannot agree on the amount of alimony, division of assets, child custody, child support or some other issue.  Therefore, one party files a complaint with the court seeking a divorce. This complaint sets forth the plaintiff's request for a divorce, division of the martial assets, custody of any children, child support and alimony.  Afterwards, the parties either work out their respective differences through their attorneys or the court makes the decisions.  In this process, the judge makes the final determination as to any issues unless the divorce is obtained by default (i.e., the defendant in the action did not file an answer). A contested divorce typically costs more in attorneys' fees than a non contested divorce.

 

What Can I Expect if I File a Non Contested Divorce?

Either one or both of the parties will come into my firm to discuss the non contested divorce. At this point, the firm will only be able to represent one of the parties. We will discuss how they want to divide their assets. If there are any children, we will discuss who will have custody and the amount of child support owed. We will also discuss who will have to pay for the marital debts accumulated during the marriage.  This information will be put in an agreement which will be reviewed by both parties.  If no changes are needed, then they will sign the agreement and I will file it with the court along with other pleadings required by the court. The court will review this paperwork and forward it to the judge for his or her consideration.  The judge cannot consider granting this divorce until 30 days after the paperwork has been submitted to the court.  This is a mandatory 30 day waiting period.  After the judge signs the divorce, the firm will mail you copy.

  

What are Some of the Advantages of a Non Contested Divorce?

  1. It generally costs less than a contested divorce.
  2. In most all of the cases, the parties do not have to go to court to get a non contested divorce.
  3. The parties get to decide issues on custody, asset division, and alimony, instead of the court.
  4. Usually, a non contested divorce takes less time to get than a contested divorce.