Are you facing divorce? If so, this is likely a stressful time. There are emotional challenges that come with the end of a marriage, but there are also serious financial and legal questions to address. You may be wondering how much of the marital assets you'll get, whether you can stay in your home, or even how much time you'll get with your kids. You're not alone in this. According to the Centers for Disease Control, 2.7 out of every 1,000 adults in the United States faces divorce. The outcome of your divorce will likely depend on whether or not the divorce is contested or uncontested. Here's some information on each type of divorce and how the process plays out in court.

Uncontested Divorce

In an uncontested divorce, both parties agree on major issues like alimony, asset division, child custody, and more. There may be some minor details that need to be negotiated by the divorce attorneys, but for the most part, both spouses agree on the divorce itself and the major points within it. The process for an uncontested divorce usually moves quickly, which can save both parties money on divorce attorneys. Both parties also retain some control over the outcome, since they're agreeing to most of the major points. If possible, many divorce attorneys recommend trying to reach an uncontested outcome because it's a smoother process for everyone involved.

Contested Divorce

In an uncontested divorce, the spouses are not in agreement on the major issues and they decide to take the case to court. Decisions about alimony, assets, custody, and more are ultimately made by the divorce court judge. This requires hearings, testimony, evidence discovery, and much more. As you may imagine, this is a costly process that involves much more work by divorce attorneys. It also adds risk for both spouses, as there's the possibility the judge will reach a decision that neither spouse prefers. In a contested divorce, the spouses give up some control over the outcome of the case, which could potentially backfire. Although a contested divorce can be more difficult and costly, it sometimes cannot be avoided. That's especially true if the other spouse is unreasonable, abusive, or unwilling to negotiate.

If you have any questions or need additional information about the divorce process, South Atlanta Family Law is here to help. We have the expertise and compassion necessary to assist you during this challenging time. Don't hesitate to give us a call today.