What is an uncontested divorce?

Divorces are a hard time in people’s lives. They are faced with the breakdown of their marriage and the possibility of their family splitting up. This can be hard to face alone. Spouses have a lot to consider during this time. They can either choose to work together to produce a good outcome for them and their children. However, they may not be able to cooperate with one another. For both instances, there are divorce proceedings spouses can use to get through the process successfully. First, when filing for divorce it is important to understand the difference between an uncontested and contested divorce. These can lead to different scenarios that may require more legal counsel.

An uncontested divorce is when both spouses agree to the terms of the filing. This process begins when one spouse or both parties cite that there was a “no fault” ground. With a no fault ground, it claims that the marriage broke down and is beyond repair. It does not place the fault on one individual in the marriage.

What is a fault ground?

A fault ground is when a reason is stated for the breakdown of the marriage. These reasonings put the blame on one of the spouses for the deterioration of the marriage that led to the eventual divorce filing. Instead of having this occur, spouses can cite that they had an irretrievable breakdown of marriage, which will place no blame on either party. When an irretrievable breakdown of marriage is claimed, no one can be held accountable. Neither party can answer the claim and stop the divorce.

How can a divorce become contested?

An uncontested divorce has the potential to become a contested divorce if the spouses cannot agree on marital issues. These issues may include alimony, child support, child custody arrangements, marital assets and more. When spouses cannot come to a resolution with one another, they may have to take these matters to court in order to decide upon the outcomes. For both situations, individuals should have the help of a divorce attorney to guide them through the process.

Stone Crosby, P.C. has proudly served clients in Alabama for over 100 years. Our firm has experience handling matters including divorce and family law, estate planning and administration, business law, employment law, class actions, consumer protection, business law, real estate law, among many others. If you require quality legal representation, contact our firm today to schedule a consultation.