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 9 to 5.  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 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 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.